Help!! - Got Laid Off Today: Approved I-140+I-485, Completed AOS, Waiting for PD

B

bongadi

Registered Users (C)
I am posting this on behalf of a friend who got laid off today. Please help, this seems like a bad situation.

His situation (as I was told)

1. i-140 Approved
2. i-485 Approved
3. AOS process has been completed
4. Priority Date is in first week of July 2004
5. EAD renewal was sent a few weeks back
6. Presently on H1

Questions

1. Is he eligible for any kind of job with his EAD or does he have to stick with a job which is similar to his previous one. ? ( he was working in the corporate finance)

2. At present he is waiting for his PD to become current - if his PD becomes current tomorrow, how would his GC process move forward (assuming he is not able to find a job in near future)?

3. If he finds a job which is similar to previous with a different employer (new H1) how would that impact his GC process ?

4. IF he finds a job which is NOT similar to his previous job (a lesser job, less salary) with a different employer (new H1) how would that impact his GC process ?

5. Can a relative or a friend assist with the I-864 form ( can I sign it for him) if his priority date comes current and he has to appear for the interview ??

Sincere apologies if these questions seem naïve, please help and respond.


Thanks & regards
 
bongadi said:
I am posting this on behalf of a friend who got laid off today. Please help, this seems like a bad situation.

His situation (as I was told)

1. i-140 Approved
2. i-485 Approved This is impossible
3. AOS process has been completed
4. Priority Date is in first week of July 2004
5. EAD renewal was sent a few weeks back
6. Presently on H1

Questions

1. Is he eligible for any kind of job with his EAD or does he have to stick with a job which is similar to his previous one. ? ( he was working in the corporate finance)

2. At present he is waiting for his PD to become current - if his PD becomes current tomorrow, how would his GC process move forward (assuming he is not able to find a job in near future)?

3. If he finds a job which is similar to previous with a different employer (new H1) how would that impact his GC process ?

4. IF he finds a job which is NOT similar to his previous job (a lesser job, less salary) with a different employer (new H1) how would that impact his GC process ?

5. Can a relative or a friend assist with the I-864 form ( can I sign it for him) if his priority date comes current and he has to appear for the interview ??

Sincere apologies if these questions seem naïve, please help and respond.


Thanks & regards
Click to expand...

-------
 
mmed,

I see only your signature. Can you please re-post your reply.
if you are being subtle, I apologize, I cannot understand your resposne :)
 
bongadi said:
mmed,

I see only your signature. Can you please re-post your reply.
if you are being subtle, I apologize, I cannot understand your resposne :)
Click to expand...

Sorry, my response in red font. The I-485 is impossible in that senario to be approved. Do you mean it is pending. If, So no problem then your friend in good shape. The pending I-485 will put him in legal stay in US and after he get the EAD he can find another job. The point here is, being laid off and without job may adversely affect his petition to the extend that the employer may request from the USCIS to revoke his approved I-140 and consequently the pending I-485 will be denied unless your friend find another job in similar field as soon as possible.
 
I am posting this on behalf of a friend who got laid off today. Please help, this seems like a bad situation.

His situation (as I was told)

1. i-140 Approved
2. i-485 Approved
3. AOS process has been completed
4. Priority Date is in first week of July 2004
5. EAD renewal was sent a few weeks back
6. Presently on H1

POINT NUMBER 2 ABOVE HAS TO BE INCORRECT OR ELSE THIS POST IS MEANINGLESS. IF 485 IS APPROVED, THEN HE'S ALREADY A GREEN CARD HOLDER, IN WHICH CASE HE CAN DO PRETTY MUCH WHAT HE PLEASES.


1. Is he eligible for any kind of job with his EAD or does he have to stick with a job which is similar to his previous one. ? ( he was working in the corporate finance)
Click to expand...
Since he has EAD, he can work in any kind of job. However, to be able to use AC21, he WILL need a "same or similar" job.
A good strategy would be to take up a part time or full time job to pay the bills while continuing to search for a job in the same field.
2. At present he is waiting for his PD to become current - if his PD becomes current tomorrow, how would his GC process move forward (assuming he is not able to find a job in near future)?
Click to expand...
Yes, as soon as his PD becomes current, he'll be eligible to receive his green card, provided his employer has not withdrawn the approved I-140.
3. If he finds a job which is similar to previous with a different employer (new H1) how would that impact his GC process ?
Click to expand...
Favorably. :) If the USCIS sends an RFE, he can use AC21 to support his 485 application. If normal processing continues, he will get the GC any way (see response above).
4. IF he finds a job which is NOT similar to his previous job (a lesser job, less salary) with a different employer (new H1) how would that impact his GC process ?
Click to expand...
Again, the GC process would continue unless the sponsoring employer has or will withdraw the I-140.
If he finds an unrelated job, that can't be used for AC21 and in case of an RFE, the 485 will be denied.
5. Can a relative or a friend assist with the I-864 form ( can I sign it for him) if his priority date comes current and he has to appear for the interview ??
Click to expand...
I'm sorry, but someone else will have to answer this.
 
nj_skm, mmed and qa13 -

Thanks for you replies and thanks for your patience.

I asked my friend to verify about the 485 and AOS and NOW he knows that 485 approval is essentially completion of the process so... (same for AOS). Yesterday was not such a great day and we were not able think straight.

I went through this process a long time ago -laws have changed since then so I also relied on whaterver he told me.

It seems he is not in a terrible situation wrt this immigration process.
 
All this for nothing! :)
Good for him. Approval of 485 IS the end of the road.
Tell him to chill and find a job that he likes...
 
You must log in or register to reply here.
Top