Got laid off today - I-140 Approved - Am I legal? Plz help

H

helpneeded2003

Registered Users (C)
Hi
My company laid me off today.I want to know if it's legal to stay here and look for jobs. Here's my situation.

I dont have an H1 since I ran out of 6 years on my h1 and my labor wasnt in for 12 months I didn't qualify for h1 extension. However, they filed EAD and AP for me. So I have an EAD card valid till august 2005.

My I-140 was approved on Sept22, 2003.
My I-485 was filed concurrently with I-140 on June 3, 2003.
The following are my worries/concerns

1>Is it legal to stay here and look for another job
2> How long can i stay and look for a job ?
3> Would i qualify for the AC21 law? I'm not sure what that law is all about.
4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.

Someone please help...I really need to figure this out..Thanks in advance all of you
TK
 
helpneeded2003 said:
1>Is it legal to stay here and look for another job? How long can i stay and look for a job ?
Click to expand...

Of course. You are free to stay in the US until your I-485 is approved or denied.

3> Would i qualify for the AC21 law? I'm not sure what that law is all about.
Click to expand...

You will not qualify until you find a new "similar" job.

4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.
Click to expand...

They cannot cancel your I-485, but they can contact USCIS to request cancellation of your I-140 petition. At that point USCIS would issue a Notice of Intent to Deny and give you 30 days to prove you had a similar job.

If they do not do this, then you will have time to find a new job. Don't delay - this should be your #1 priority.
 
1>Is it legal to stay here and look for another job

Yes. As you passed 180 days after filing 485 (and your I-140 is approved), you are legal.

2> How long can i stay and look for a job ?

As long as your 485 pending (decision is not made).

3> Would i qualify for the AC21 law? I'm not sure what that law is all about.

Yes. You passed more than 180s after 485 receipt date.

4>Can my employers cancel my GC application?Am I required to tell my employers anything? they might work with me since I had a good relationship.

They can revoke I-140, but that won't affect your GC (or 485) as it more than 180 days since you filed your 485. However, revoking I-140 by your employer can result in RFE/interview for your 485 (that can happen without revoking too). You need to find a similar job before that RFE/interview happens.
 
pralay said:
Yes. As you passed 180 days after filing 485 (and your I-140 is approved), you are legal.
Click to expand...

The 180 days has nothing to do with remaining in the US legally. An alien, having filed an approvable when filed I-485, is legally here that instant and remains so until the adjustment petition is approved or denied.
 
helpneeded2003,
Don't worry at all. You are safe, since you I-140 is approved, and I-485 pending > 180 days, you are free to change job by EAD.
Actually I have the same situation with you, I got laid off five weeks ago, and it only took me two weeks got a new similar job, and salary got raised.

TheRealCanadian helped me a lot at that time to answer my similar question.

Focus on your job hunting, if you are an IT guy, using EAD, the IT job marketing is picking up a lot now.

Good luck.

Hai
 
Thanks a lot all of you for ur help...seems like Hlin4 is in similar state as I am...so would you mind the procedures u did after u got laid off?I mean is there anything i need to be aware of?

Did you ask ur ex employer not to withdraw i-140?
Did you submit any paperwork to INS before or after u joined the new company?
Does the new company have to do any paper work?
 
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