I-140 help urgently requested.....

C

canadianinnyc

New Member
I just got laid off.

I am an EB2 (Jul 15, 2007 priority date). I jointly filed my I-140/I-485 5 months ago (1 month inside the 6 month period to become 'portable'). I was at Merrill Lynch; they said they do not typically inform immigration of laid off employees and the lawyers feel that I should still be able to get my I-140/I-485 (hence, my greencard). They said, due to the current economic conditions (and subsequent large numbers of layoffs) US immigration is not to 'sticky' on the 6 month requirement for portability.

Does this sound plausible? Is there anything I need to be aware/careful of? Does it seem likely I will need to start my greencard (PERM) process from the beginning again?

Your knowledge is urgently appreciated. Many thanks!!
 
Is your i-140 approved ? I don't think you can change your employer if your i-485 is not pending for more than 180 days. There might be a change if your 140 got approved.
 
Ask ML if they will continue your GC ... If they will it shouldn't matter that you were laid off or left voluntarily before or after 180 days, whether or not I140 was approved etc since GC is for future job....

I am in a similar but more tight situation where my employer closed before I485+180 days but after my I140 was approved....and now the I485+180 days have passed w/o adjudication.

My Question to you experts is:

Can I use AC21 OR does AC21 not apply since there is no job offer from the employer throughout the I485+180 days?
 
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AC21 - your I-485 has to have been pending for minimum of 6 months. I think an even bigger issue now is that you aren't in status if you aren't working for this company. You have to be being actively paid on your H-1 to be "in status." If it was me, I would try to find a new employer to do an H-1 transfer immediately. Then, yes as the others mentioned, see if Merrill Lynch will continue your GC processing on your behalf.
 
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