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

H

hlin4

Registered Users (C)
(Ginnu, RealCanadian Help) The I-140 is approved last week, but got laid off today!

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!

Hai
 
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hlin4 said:
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?
Click to expand...

Not only are you safe, you MUST do so. In order to be 100% safe you need to ensure you are employed in a similar position when your I-485 is approved. Warm up your mouse, post that resume and find a new job. You might even get a raise out of it all. :)
 
TheRealCanadian,
Thanks a lot for your prompt reply, your reply is really a good news to me.
Is there any possible that my company revoke my approved I-140, which will be a big problem for my case? (my current company is only a consulting firm, has so-so relationship with me)

Waiting for your reply!

Hai
 
hlin4 said:
TheRealCanadian,
Thanks a lot for your prompt reply, your reply is really a good news to me.
Is there any possible that my company revoke my approved I-140, which will be a big problem for my case? (my current company is only a consulting firm, has so-so relationship with me)
----- your I-140 is approved and I-485 is pending more than 180 days, if you get job in same/similar field you are safe, in reality you need the future permanent job OFFER letter from new employer to use AC21, GC is for future job I have seen a case where the person got job with H1 transfer with new company and that H1 job duties were NOT 100% as on past approved LC the skills/job duties only matched 60% on his H1 transfer petition. he sent letter from new employer that they have future permanent job for that person and he will be employed in Same/Similar job skills AFTER the I-485 gets approved and on job offer letter they wrote the same job duties as on past employer approved LC, case was approved
if the past employer tries to revoke the I-140 then USCIS is NOT going to revoke the I-140. Relax!!

Good Luck!!
Click to expand...
 
ginnu,
Thanks a lot for your reply. So based on you and TheRealCanadian's replies, I should be relaxed and put all I have to the job hunting.

Thank you, guys!

Hai
 
hlin4 said:
ginnu,
Thanks a lot for your reply. So based on you and TheRealCanadian's replies, I should be relaxed and put all I have to the job hunting.

Thank you, guys!
------ find the job and relax!!
Good Luck!!
Click to expand...
 
Ginnu,

I have posted this question earlier but I would value your opinion as you have a lot of knowledge on this topic.

My assignment is ending soon. My 140 is on a RFE responded status (Education) since 12th Aug.

My H1 is expiring on 31st Oct. I have a valid EAD uptil Aug 2005. It has been around a year since 485 was filed.

I am thinking of taking a permanent job with my EAD as most companies do not want H1's or sponsor them.

My employer has promised to respond to any RFE's and help in any way he can as I have been with them for the last 5 years continously.

What would your advice esp. in the situation that the 140 gets denied (God forbid).

Thanks,

Yeppo
 
yeppo said:
Ginnu,

I have posted this question earlier but I would value your opinion as you have a lot of knowledge on this topic.

My assignment is ending soon. My 140 is on a RFE responded status (Education) since 12th Aug.
------------------dont use the EAD till I-140 gets approved
My H1 is expiring on 31st Oct. I have a valid EAD uptil Aug 2005. It has been around a year since 485 was filed.
------ file the H1 extension and be on H1 status till I-140 gets approved and better stick with the employer till your I-140 gets approved
I am thinking of taking a permanent job with my EAD as most companies do not want H1's or sponsor them.
------ I will NOT change BEFORE I-140 gets approved and even if the employer who filed I-140 is ready to help for GC process then join new employer with H1 to H1 transfer
My employer has promised to respond to any RFE's and help in any way he can as I have been with them for the last 5 years continously.

What would your advice esp. in the situation that the 140 gets denied (God forbid).
---- If I-140 gets denied then EAD AP, I-485 all will get denied. Maintain H1 status
Thanks,

Yeppo
Click to expand...
 
Ginnu,

The problem is that without a project we are nowhere even with a decent employer. Unfortunatley I may have to take a risk and work on the EAD while waiting for the 140. It is either starve or take a risk. I am just hoping my FP on 9/11 may help trigger something.

Thanks for your advice anyway.

Rgds,

Yeppo
 
Yeppo,
Try every method don't use EAD while I-140 is not approved, but if you have no choice, then trying to talk with your I-140 sponsor company to still assit your I-140 case while you use EAD to look for other employer. (Still take risk, but better than your I-140 sponsor company doesn't continue your I-140)
Good luck to you and all of us struggling with GC.

Hai
 
one more doubt

TheRealCanadian, Ginnu,
Got one question for you, hoping you can reply me ASAP, thanks a lot in advance:

I am laid off already :(, and am looking for job now.
If my I-485 will be approved on Mar, 2005, till then, I still haven't got a new job, am I risky for my GC (if my original company does NOT revoke my I-140)? Or, if I-485 will be approved on Mar,2005, but I only got my job around Jan/2005, that means, this Sep to Dec I don't have pay check, doesn't that affect my GC case?
Or, I should wish my I-485 process speed slow down? give me enough time to look job?
Finally, since I am already laid off, do I need let my lawyer who filed I-485 for me file AC-21 now?

Look forward to you guys' replies!

Hai
 
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hlin4 said:
If my I-485 will be approved on Mar, 2005, till then, I still haven't got a new job, am I risky for my GC (if my original company does NOT revoke my I-140)?
Click to expand...

If the I-485 gets approved and you are unemployed, there may be an issue when you apply for citizenship.

Or, if I-485 will be approved on Mar,2005, but I only got my job around Jan/2005, that means, this Sep to Dec I don't have pay check, doesn't that affect my GC case?
Click to expand...

This is perfectly acceptable; once your I-485 is filed you are under no obligation to work until it is approved. The market is picking up; you should be good if you search aggresively.

Finally, since I am already laid off, do I need let my lawyer who filed I-485 for me file AC-21 now?
Click to expand...

You cannot invoke AC21 provisions; you have no "same or similar" job to port to.
 
TheRealCanadian,
Thank you so much for your reply.
Maybe I made myself being misunderstood, the point I wanted to say is
----
If INS officer is processing my I-485 around Dec, 2004, and I still don't have job around then, may my I-485 get approved or rejected? maybe there're two possibilities:
1) The officer doesn't send any RFE to me (Since the officer doesn't know I'm unemployed), my I-485 is get approved, any trouble for me to get Passport stamped, or get the real plastic card in hands?

2) Although the officer doesn't know I'm unemployed, he still can send RFE to me for whatever reason, then my I-485 could be rejected, right? Anything I can do to help this case?

Looking forward to your reply.

Hai
 
Ginnu, TheRealCanadian,
Could you please give me some advice for my last post?

Looking forward to you replies!

Hai
 
No job may be a problem

hlin,

It is likely that your 485 will be approved whether you have a job or not, however the situation wherein you do not have a job and your 485 is nearing approval is fraught with risks. These are the risks :

1) If they schedule your interview, you should be employed so you can take the EVL letter with you.

2) USCIS may come up with a RFE for EVL. Without a job how will you do it ???

3) Even if you get the 485 approved without a job ( say, USCIS never knows you are out of job ), lateron when you apply for citizenship, they will ask for all job details during 485 approval. Showing out of job situation during 485 approval may put you at risk then.

In my view, you should stop worrying for 485 right now and start aggressively looking for a job. The job market is not all that bad so you may find one in about a month if you are aggressive enough. Just make sure you are clear about the job requirements you want ( should be same or similar).

Best approach would be to join a consulting company on a H1 quickly and through them look for a job. Or alternatively it may be easier to use EAD for getting a job however there is a slight risk there.

will_get_there
 
will_get_there said:
hlin,

It is likely that your 485 will be approved whether you have a job or not, however the situation wherein you do not have a job and your 485 is nearing approval is fraught with risks. These are the risks :

1) If they schedule your interview, you should be employed so you can take the EVL letter with you.

2) USCIS may come up with a RFE for EVL. Without a job how will you do it ???

3) Even if you get the 485 approved without a job ( say, USCIS never knows you are out of job ), lateron when you apply for citizenship, they will ask for all job details during 485 approval. Showing out of job situation during 485 approval may put you at risk then.

In my view, you should stop worrying for 485 right now and start aggressively looking for a job. The job market is not all that bad so you may find one in about a month if you are aggressive enough. Just make sure you are clear about the job requirements you want ( should be same or similar).

Best approach would be to join a consulting company on a H1 quickly and through them look for a job. Or alternatively it may be easier to use EAD for getting a job however there is a slight risk there.

will_get_there
Click to expand...
It is always better to have a job but some time people have no choice. From my understanding a job is only for replying RFE (if it comes) or interview. Other than you can even stay home and relax. Your point 3) may be needed to worry as a problem, however does anybody hear a case that GC was taken away because of this? After all it will 5 yeasr later, what about one does not apply for citizenship?
 
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will_get_there,
Thanks a lot for your elaborated explanation.
I am using my EAD card to look for job now, since lots of firms don't like H-1 Sponsor.
I'm looking for job very aggressively, based on what you said,

1) it should be fine for I-485 and citizen, if I get a similar job within one month.

2) is there any risk if it takes 2 months to get a job? (could you answer this)

3) more than 2 months to get a job, have some risks for my citizenship.

Thanks a lot.

Hai
 
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