Hi, Urgent-laid off

R

Radha Shenoy

Registered Users (C)
Hi friends,

My husband's friend has been laid off. He applied for I 485 two months back. Got his finger printing notice.

The problem is he is going to India to get married . He has not filed an application for his wife and was intending to do so after coming back.

What are his options ? Any insights will help

Regards,
radha
 
That's kind of tough since it's only two months since 485 submission. If it had been more than six months then he could have looked for a similar job while keeping the 485 valid.
His option to me looks like he has to find another job and apply for H1.

Of course, if he has EAD he can continue to work in USA, but when the time comes for aproval, it will be denied unless he can produce an employmnet letter from sponsoring employer. So he might use his EAD to keep on working and find another h1-job.
 
still hope i guess

ask him to wait until he gets a EAD and start finding a JOB it is still OK if he gets laid off just 2 months after filing.

but when he get RFE he has to respond to that... atleast minimal with a Employement Letter..

-----------------

For Expert Advice contact Lawyer... coz i am not one..
 
Well, nobody have clear answer to this question. This is because INS has not yet published regulations in this regard.

Going by plain reading of the statute, it is possible to switch employer even before completion of 180 days provided that INS does not approve the petition before 180 days. I think, so far INS has not objected to this. In my opinon, INS regulations in this regard (whenever they publish it) will require 180 days stay with the employer because this is what intended by the legislature.

As to when is INS expected to publish final regulations, may be next month or may be 5 or 10 years from now.

Please note that I am not a lawyer. Once again, it is just my personal opion not a legal advice.
 
goodsaint,

In my opinon, INS regulations in this regard (whenever they publish it) will require 180 days stay with the employer because this is what intended by the legislature.
Click to expand...

My understanding is that the beneficiary need not be working for the sponsor while the GC is being processed. GC is for future job. So I think it is not required that the beneficiary work for the sponsor for atleast 180 days for AC21 to apply. Sheela Murthy also clarified this in her AC21 FAQ. The key words in AC21 are "485 PENDING 180 days" - does not say "worked for sponsor 180 days..." My understanding is that the idea behind AC21 is to encourage COMPETITION and BE COMPETITIVE...

Let me know your views.
 
First things first

His H-1B is valid until the date on his last paycheck. If he can find a job in that timeframe everything will be fine. Otherwise, he is under AOS, so he can stay in the country until I-485 case is adjudicated.

What I would suggest is that he should get interim EAD card as soon as 90 days have passed since reciept date on EAD application. Then he can accept job on iEAD and wait for the real EAD to come. And then wait for I-485 to be adjudicated.

Most important thing is to get iEAD and find a job.
 
ravan123

"stay" means "association" with the sponsoring employer. I never said anything about working for employer. Did I?
 
what ca-to-wa suggested above is good way to go..
But the problem arises if he gets RFE (employment letter, paystubs, etc.,) while he is looking for job.

Can somebody please suggest what is the best way to respond for RFE in this case.
 
Assuming this friend's fianc'e is on a H1, I see no issues.
All he's to do is to get a job at the earliest, with similar job description and the same salary.
If not (his Fianc'e is not on a H1B), his situation is little tricky. He can't bring her on H4. Prob. he could file "Follow to join" and do CP. That would be the only way for her to join him, under the current circumstances. The other possibility is to find a new employer who could file H1 transfer. Use that (file H4) to bring her to this country. File "Follow to join" at the earliest and do I485 all this assuming that INS will take more than 180 days to process his case (which I'm sure they will at the current rate of processing).

Hope this helps.

Balamani

Disclaimer: I'm not a lawyer, pl. consult one.
 
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