I am hoping someone could advise me on what options I have given my current situation, which I am outlining below:
I am employed by a multinational company going through a rough time in this economy. The company had started my green card process in March 2001. Labor processing was done using RIR, & my application proceeded fairly smoothly, so that the I-140 application got approved in Dec 2002. I am considering marriage in the near term, so my company's immigration advisors suggested that I not begin AOS processing till that is settled, in the interest of keeping my application simple & avoiding delays due to lost paperwork. At that point it did not look like there would be layoffs in the 3-6 month time frame, so I decided to wait a couple of months before applying.
Recently, the company changed direction, & decided to reduce its workforce, & although we do not know yet who will be impacted, my location faces heavy cuts, & I fear the worst. I would very much like to start the AOS process at this point, but my company has put a hold on immigration applications till decisions are taken on the job cuts. I want to figure out what the best option for me is, given that I might be asked to leave the company in a few months' time.
Can I (legally) apply for AOS, knowing that there is a chance that my company might have to lay me off in the next 3-6 months?
Can I insist that my company's immigration department apply for my AOS (I have spoken with my supervising manager, & he is fully in favor of continuing the process, but is it sufficient to tell that to the company's immigration department)?
Is the I-485 application only valid if applied by the company, or can I as an individual whose I-140 is approved, legally apply for AOS on my own? If so, do I need approval from my company to apply for I-485, since they still have controll over I-140 & prior approvals?
Given the soft job scene, requiring an H1 visa sponsorship when looking for a job is a real liability, & even on finding a job, applying for permanent residency would be a long process, given
that most companies can not apply for RIR, & regular labor certification is taking several years in most places. I really want to avoid that situation if possible.
Your advice would be very helpful to me in figuring out if I have any feasible options with my current green card application/status, or if I need to accept the fact that I would have to start the GC process again from scratch in the event that I lose my current job.
Thanks!
-usimmgr
I am employed by a multinational company going through a rough time in this economy. The company had started my green card process in March 2001. Labor processing was done using RIR, & my application proceeded fairly smoothly, so that the I-140 application got approved in Dec 2002. I am considering marriage in the near term, so my company's immigration advisors suggested that I not begin AOS processing till that is settled, in the interest of keeping my application simple & avoiding delays due to lost paperwork. At that point it did not look like there would be layoffs in the 3-6 month time frame, so I decided to wait a couple of months before applying.
Recently, the company changed direction, & decided to reduce its workforce, & although we do not know yet who will be impacted, my location faces heavy cuts, & I fear the worst. I would very much like to start the AOS process at this point, but my company has put a hold on immigration applications till decisions are taken on the job cuts. I want to figure out what the best option for me is, given that I might be asked to leave the company in a few months' time.
Can I (legally) apply for AOS, knowing that there is a chance that my company might have to lay me off in the next 3-6 months?
Can I insist that my company's immigration department apply for my AOS (I have spoken with my supervising manager, & he is fully in favor of continuing the process, but is it sufficient to tell that to the company's immigration department)?
Is the I-485 application only valid if applied by the company, or can I as an individual whose I-140 is approved, legally apply for AOS on my own? If so, do I need approval from my company to apply for I-485, since they still have controll over I-140 & prior approvals?
Given the soft job scene, requiring an H1 visa sponsorship when looking for a job is a real liability, & even on finding a job, applying for permanent residency would be a long process, given
that most companies can not apply for RIR, & regular labor certification is taking several years in most places. I really want to avoid that situation if possible.
Your advice would be very helpful to me in figuring out if I have any feasible options with my current green card application/status, or if I need to accept the fact that I would have to start the GC process again from scratch in the event that I lose my current job.
Thanks!
-usimmgr
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