I-140 is approved last week, but got laid off today! Any risk for me?

hlin4

Registered Users (C)
Hi All,
My I-140 is approved last week (RD: Mar/11/2003, AD: Aug/31st/2004), and my I-485 is still pending (RD: Apr/25/2003; FP: Jun/12/2003), I got my EAD card already.
Today I was informed that my last day is this Friday, that means, I have to start to look for job using EAD. (I am using my H-1 now)
So, am I safe to look for other job to a new company? (Actually, I have no other choice, since this Friday is my last day), if it's safe, anything I need to be careful in order to get my GreenCard eventually?

Really need you guys' advice, greatly appreciate!
 
Sorry to hear about your lay off.

In terms of job hunting, I think you are fine since your 485 has been pending for more than six months and you already have an EAD. I think you should start looking for a job without wasting any time. They could be looking at your case right now and you need to make sure you have a job in case of an RFE for EVL.
 
HI
Sorry to hear about it. Sure not a good thing to happen.But forget what already happened and do what is most appropriate for you case.Have confidence every thing will be ok.
Here is my argument: not sure though , check with a immigration specialist for right answer.
Good thing is that your 485 is pending more than 6 month , which allow you to go free as per that law.
But be careful and aware of this thing, recently INS posted some clarification about job change after six month of 485 pendig, which says they are going to approve all I40 and I 485 together, and some one can only change their job after 485 pending more than 6 month and the 6 month counts from the day of your approval of I 40 and at the same time if your 485 is pending more than six month.I hope it make sense , but please check it out and think some alternative as you have still H1B .
Good luck to you , i am sure some thing will work out good for you .
 
Don't worry my friend, GOD close one door but open many doors so it would be better for u.

They should atleast give some time to find.......anyway.... keep try to find job and here post ur skills may be someone need or looking for person. do post ur skills and field.

About Your 485 keep good relations with them, and if they could keep support ur 485 untill u find job that would be great,

pay attention what I am saying to you that you have to spend atleast 180 days someohow since ur 140 approved. so somehow manage it if they are nice and cooperative then fine... do not tell that 'do not rewoke my 140' you know what I mean????? you have to spend 180 days since the day 140 approved. thats all.

Hope everything will be fine with u, and meanwhile keep looking job. not sure i u are IT person. use
computerjobs.com and ther are many websites.

if u have still confusions, don't hesitate and do ask.

keep ur hope high.... and educate urself about ur options good and in worst case , do read this link

Guidance on AC21 Applicability to Concurrent Filings and Revoked I-140s

http://boards.immigration.com/showthread.php?t=141613



Good Luck
 
Last edited by a moderator:
Don't worry... I am also in the same boat. We lay-off before our 140 approved. After 1 month we got approved 140. After my layoff we don't have EAD also, i found job and got H1. Then we filed our 485's, and our lay-off company lawyer asked us to file 485 with the perm. of the employer as they are not revoking our 140. We filed 485 and got 2EAD's, 2AP's and filing 3rd EAD.

In my team we are 3 in the same situation and one got approval recently, so we are hoping ours also. He got an RFE for Employment Verification (EVL) submitted the new Employment letter got approved.

So nothing to worry....

All the best for your search in finding job.

BaSh :cool:
 
Count me in..

Hi Bash,

I am also exactly like you. I got laid off one month before my I140 approval. With that company's future employment offer...i am running the show...3 EAD...3AP...etc...

But the difference is i am EB1(OR), so i cannot use AC21 also in case of RFE for EVL. Worst scenario than you three guys...

Keeping my fingers crossed.

Pray for me too.
 
Do not worry my friend. As 6 months has passed after you have filed your I-485 you can look for another job and work on EAD and file AC21.

You should be allright. Back in 2000, 2001 it would have been different case.
 
Top