Help: Laid off, I-140 < 180 days

J

johnnymnemonic

Registered Users (C)
I've just found out that my company will shrink dramatically and I'll be laid off on January 31, 2008. I'm on H-1B and I filed I-140 and I-485 together on October 3, 2007.

So I need another two months to have 180 days since I filed. My company is reluctant to keep me for another two months and my lawyer says that I cannot transfer the process to another company before 180 days have elapsed and I'll lose the green card.

What are my options right now?
 
Sorry to hear that. You just need 60 days. In your best interest ask them to extend employement by giving you severance pay or your vacation money as salary for this period. Just sequeeze out these days and find a job in similar category soon after the 180 day period.

If not then at least get approved 140 copy and start process all over again at a new place. Do not bank on your EAD as cancelling 485 triggers cancellation of EAD and AP.


johnnymnemonic said:
I've just found out that my company will shrink dramatically and I'll be laid off on January 31, 2008. I'm on H-1B and I filed I-140 and I-485 together on October 3, 2007.

So I need another two months to have 180 days since I filed. My company is reluctant to keep me for another two months and my lawyer says that I cannot transfer the process to another company before 180 days have elapsed and I'll lose the green card.

What are my options right now?
Click to expand...
 
Thanks for the answer.

Unfortunately the I-140 has not been accepted yet. We filed the I-140 and I-485 together in October. What to do?
 
johnnymnemonic said:
Thanks for the answer.

Unfortunately the I-140 has not been accepted yet. We filed the I-140 and I-485 together in October. What to do?
Click to expand...


ask your employer to keep you for another 2 months with your vacation pay as your salary or without pay - this is just to complete ur 180 days...Do something and remain as their employee with or without pay and complete 180 days.
 
I am sorry at your situation.

I don't know why people keep on saying 180 days. If his 140 doesn't get approved then there is nothing he can do. The 180 days rule is only for 485 if your 140 is approved.
 
Hi There,

Also request your employer to keep the 485, AP and EAD not cancelled as its for future employment. That way parallel to keep going in current situation, you can also get the EAD benefit if lucky and may continue on EAD. Wish the premium 1-140 come back soon for you.
How were you able to file 485 in Oct as your priority date looks to be in 2007.
Thanks,
Sunny.
 
sunnyz54321 said:
Hi There,

Also request your employer to keep the 485, AP and EAD not cancelled as its for future employment. That way parallel to keep going in current situation, you can also get the EAD benefit if lucky and may continue on EAD. Wish the premium 1-140 come back soon for you.
How were you able to file 485 in Oct as your priority date looks to be in 2007.
Thanks,
Sunny.
Click to expand...

...because I'm EB2 and I am from Europe.
 
sunnyz54321 said:
Hi There,

Also request your employer to keep the 485, AP and EAD not cancelled as its for future employment. That way parallel to keep going in current situation, you can also get the EAD benefit if lucky and may continue on EAD. Wish the premium 1-140 come back soon for you.
How were you able to file 485 in Oct as your priority date looks to be in 2007.
Thanks,
Sunny.
Click to expand...

http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

visa bulletin....
 
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