HELP!! In India on AP, May get laid off soon

C

cvamurthy

New Member
Hi

I have a valid AP and the H1 visa stamp on passport has expired. I am vacationing in India currently. If my company lays me off, do you think I will have any issues re-entering the USA on AP? Are there any potential issues in this scenario?
 
Will they lay you off by email/Fedex/phone while you are away, or will they wait until you come back from vacation? If they lay you off while you're gone, you might not be able to come back into the country, as you may have to answer questions about your employment at the port of entry. Do your best to ensure your company can't contact you while away, so they won't put you in a sticky situation where you know about being laid off when being questioned by Immigration at the airport.
 
If someone is laid off while staying abroad, I think, only the temporary work status gets affected. Will it have an immediate impact on the adjustment of status application too?
 
I have an approved I-140 and more than 180 days have passed after my AOS filing. Do you think if I try to enter on an AP after getting laid off, there might be issues? What if I use AC21 (without sending uscis any notification) to switch jobs while I am abroad? Can AC21 be done while I am not present in the USA?
 
manwithnoname said:
If someone is laid off while staying abroad, I think, only the temporary work status gets affected. Will it have an immediate impact on the adjustment of status application too?
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If you enter at the POE without a job nor a job offer, it could be a problem. AC21 doesn't help you if you don't have "same or similar" job lined up.
 
cvamurthy said:
I have an approved I-140 and more than 180 days have passed after my AOS filing. Do you think if I try to enter on an AP after getting laid off, there might be issues? What if I use AC21 (without sending uscis any notification) to switch jobs while I am abroad? Can AC21 be done while I am not present in the USA?
Click to expand...
You should be able to re-enter without a problem if you have a job offer that satisfies the AC21 criteria. Just show proof of the job offer if they interrogate you about your job situation when you enter the US at the airport. The country you physically were in when you interviewed and signed for the job doesn't matter, as long as the job itself will be in the US.
 
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