Help: I got laid off during I-485 processing with 180 days.

[gc021501]

I got laid off during I-485 processing with 180 days. My detail information is:
RIR, EB2, VSC
PD: 06/02/99, RD:02/06/01, ND:02/15/01,
FP notice: 05/12/01 and is scheduled at 06/09/01

I left my job this month and my last paycheck from the sponsoring employer is June 1, 2001. The company will continue to help
 me with my GC processing and will keep me in the payroll list if I want ( I pay myself). So, I still keep some relationship with the
company.

I am so worry about my GC case and job. I am very appreciated if someone can answer my questions and tell me what should I
do now.

1)Is any one in this site has same situation like me? What did you deal with this situation?

2) Is it necessary keep myself in the payroll list of the sponsoring employer until August (after 180 days)? If not, when INS
request the employment letter and recently pay stubs, is it OK if just submit employment letter to INS and explain
my current situation; and give INS the pay stubs of the new employer. I was told that pay stubs from the other employer is fine
as long as the sponsoring employer is ready to give you a prospective employment. Is it true ?

3) My current H1 will be expired on Oct 1, 2001. Is it saver to expend my H1 now from the sponsoring employer?. I want try to keep the visa all the time until getting green card. But the job market is not good these days, especially for H1 holder.
If I expend H1 from the sponsoring employer and work with EAD for the new employer after 180 days. Is this visa valid ?
 
4) If I get the job now, can I work for the new employer and at the same time , still keep myself in the sponsoring employer\'s
payroll list until 180 days?

5) Does INS publishes the regulations on the new law (ACT21, 180 days )? How does it work?

 Thanks in advance,
 gc021501

 

[gentrig]

No Title

You never mentioned whether u have EAD or not. If yes, then try to find a job asap and start working on EAD. If not, then apply for it. Usually it takes approx.20 days. Getting H1 transferred is not adviceable. I do not think continuing 485 will be a problem as u have good relation with ur company. Hope this helps.

 

[gc021501]

No Title

Yes, I have EAD.
But the sonsoring employer is so weak and I do not know what will happen next ( I mean how long the company can exist ) ?
So, I think it is saver to keep H1 visa. Is it right ?

I know the job market is very bad, and many many company do not want hire H1 holder. I am so sorrry .......

Thank your very much for replying my question.

gc021501

 

[Bravemind]

No Title

GC021501.. You should get an EAD if you do not have one. If you get an EAD you can work for any employer. You should try and be in payroll of the employer that is laying you off even if you are not getting paid. The way to do it is ask for Unpaid leave for six months or so. Meanwhile, look for a job with EAD (you should have got your EAD long time back). Since your ND is 02/01 it will be a while before you get your green card. If you get another job your problem is solved (Of course after 180 days). There is a separate rule regarding layoff while your I485 is pending (Even before the 180 day rule came out). Consult a lawyer regarding this. If nothing works just PRAY that you don\'t get an RFE from VSC asking for employment letter. I was in the same situation as you are now except that my company laid me off after 9 months. But, I was not getting a job even with an EAD and two strong and powerful references. I was limited to looking for a job in the region for which my labor certification was done. Luckily, and I say, Very luckily and by God\'s grace I did not get an RFE and my case was approved without one.

Good luck