Gurus, < 180days, laid-off, What option do I have?.

K

Kohila

Registered Users (C)
My GC filed 2 months ago and got laid-off by my employer. If I work with my EAD for someone, what are all thing I should take-care.

1) If INS approve my case
 
check Shusterman.com 180 day portability

I Think you are in Safe side. Don\'t worry do your finger printing.
Shusterman has answers regarding 180 day rule in his web site.

All the Best.
 
No Title

As long as your employer does not notify INS that it has laid you off, you probably will be fine. However, if for some reason INS suspects that you no longer work for your sponsoring employer, it will issue RFE.

Now, it\'s not likely that VSC will adjudicate your case in 180 days after your filing. As long as your application has been pending for more than 180 days and you work for another employer in the same field, you will have no problem.

If you want to delay the processing, you can reschedule FP. That would work.
 
Thank you Guys. One more Question.

if my employer withdraw my H1B and not my I-140 or LC. Does it pose any problem?. Please share your experience.
 
You have 90 days to respond to an RFE - chance of getting RFE <180 days is very remote

You have 90 days(3 months) to respond to an RFE, in case you receive one within 180 days.

You will only receive an RFE now if the INS reviews your case of which the chance is very remote. Now VSC is looking at April cases , by the time they get to your case it will be 8-10 months.

Just sit tight and apply for another job(transfer H-1B). If u apply for an EAD they might issue you an RFE, with H-1B transfer you are safe.

Don\'t worry do your finger printing !

Last tip -- Pray to God !
It always works !

I think you are OK - but just apply for a similar job.
 
You Guys are really great!

You Guys are really great. So much information and so much moral support. Thanks to all of you.
 
How about this scenary?

Please help me on this scenary: Ready to file I-485(I-140 approved) but somehow company will close in 2 month.

Solution 1: File EAD at the same time when you file I-485. It would be much easier to find a job without H1B sponsorship requirement, but the potential problem is that you may get RFE for your EAD.

Solution 2: File I-485 only and look for H1B job. (may apply EAD after 180 days of submitting the I-485). In current market, it would be tough to get an offer for H1B holder, but this way will reduce the risk of getting RFE for EAD application.

one of my questions is that what\'s the ramification to your GC process if you get an RFE for your EAD before the 180 days restriction?

Which strategy is better? Thank you for your help.
 
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