I-140 approved but laid off..please reply..

M

malakpet

Registered Users (C)
I am in a peculiar situation. Need some advice here.
I recently got laid off by company A who sponsored my H1. Company B has been doing my green card processing as a rospective employee. My I-140 has been approved last month. I need to apply for I-485 now.
My questions:

1. Can I now apply for I-485 thru company B, though company A terminated my job ( Will inform INS in 3 weeks).
2. Can I reamin legally in US after my I-485 is applied?
3. Assuming that I get EAD in next 3 months, will I be able to use my EAD to work for any company I choose as an independent contractor, as my GC is applied with intention that I will work for Company B after my green card is approved?

Any input is appreciated..

Thanks,
mpet.
 
apply for 485 ASAP and file for EAD . if possible a new H1 transfer.
You will be legal fully if u file 485 before ur company A informs INS and cancels ur prsent H1.
IF u file after that you will have to file under different category.
If u file H1 tansfer now u can work rightaway if EAD then u will have to wait for EAD to start work.
 
1. Can I now apply for I-485 thru company B, though company A terminated my job ( Will inform INS in 3 weeks).
You can apply I-485 through company B regardless with your status with compnay A.
2. Can I reamin legally in US after my I-485 is applied?
You have to have a valid visa to stay in America even if your I-485 is pending.
3. Assuming that I get EAD in next 3 months, will I be able to use my EAD to work for any company I choose as an independent contractor, as my GC is applied with intention that I will work for Company B after my green card is approved?
You can work for different employer other than GC sponser after your I-485 is pending with INS for more than 180 days. Refer to AC21.

My suggestion:
Apply H1 transfer to company B or any other company. As soon as you get receipt from INS, you are fine to work and stay in USA legally. Otherwise you will be out of status as soon as company A cancel your H1 even your I-485 is pending.
Or you could enroll to community college and change to F1 status. Your GC can go on as long as you stay legally.
You can work for 3rd company or as independant only after 180 of I-485 submition.
 
thanks for the replies..
what are the possibilities of getting GC thru consular processing ? I guess my attorney will have to file I-824 now. Any idea how long it might take to get an interview at chennai from now.
Can I return to India for personal reasons and wait there while the process of consular processing continues.
please reply..
 
thanks for the replies..

Is conuslar a better option for me now to continue with GC processing? Any suggestions..
Can I wait in India while my attorney files I-824?
What are the chances of getting my green card approved thru CP vs. AOS in my case.
please reply.
 
correction

"2. Can I reamin legally in US after my I-485 is applied?
You have to have a valid visa to stay in America even if your I-485 is pending"

once you file I-485 and get reciept of I-485 filling or your I-485 is pending you are in AOS pending status, you dont need any valid Visa to stay, but for work you need EAD approved in hand or H1B transfer filing reciept.
please correct me if i am wrong

"ghost-rider" is correct for other options
 
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Is consular a better option for me now to continue with GC processing? Any suggestions..
Can I wait in India while my attorney files I-824?
What are the chances of getting my green card approved thru CP vs. AOS in my case.
please reply.
-------- For consular option I have read that if you are not working with the employer who sponsored your GC they create problems, they will ask you or look at your H1B Visa on passport and can make out that you worked with A while B sponsored your GC, according to law nothing is wrong as GC is for future job but they doubt your intentions and think that you may have paid B to continue your GC process while you were working with A
You will not be allowed any attorney at the time of CP interview if denied or problems if it is AOS you can have attorney and case can be motion to reopen or appealed but for CP if problems nothing can be done
Filing I-485 is much better because you can be represented by attorney in US and if any problem with B in future and your I-485 is pending more than 180 days you can use AC21 but for CP no AC21
you have much better chances by AOS
You have to look at your options, times are bad, talk to good immigration lawyer
 
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