I-485 Filed and Laid off ?

G

gsingh72

Registered Users (C)
My I-140 is approved and I-485 was filed on 27 June 2003.(non-concurrent). I have not received EAD card yet and I just came out of a project. The company is undergoing layoffs. What are my chances if I get laid off before I get EAD in my hand ? Can I still use AC21 and change employers ? Or do I have to start GC process from beginning?
Pls help. What to do?

thanks.
 
You can use AC21 only if it has been 180 days past your ND for 485, and you need your EAD to work for another company.

However, please be advice that lately BCIS is rejecting cases that meet the criteria of AC21
http://www.murthy.com/ukac21.html (i think)
 
AC21 is up in the air right now, nobody really can say what is acceptable and what is not with 100% accuracy.

Since you have no choice, I would argue that as long as the I-485 remains unadjudicated for 180 days you are eligible to adjust under AC21. If the former employer cancels the I-140 you will be in serious trouble.

It's not good but you still have a chance. Probably.
 
Thanks Jim .
I talked to my employer and they are not cancelling I-140 . I am getting laid off next week and expecting EAD around mid-Sep.

My H1 is expiring in Dec 2003 so what is better option for me -
to join new employer based on H1 or wait for my EAD and then join the new employer .

Pls advise..
Thanks a lot.
 
I talked to my employer and they are not canceling I-140 . I am getting laid off next week and expecting EAD around mid-Sep.

My H1 is expiring in Dec 2003 so what is better option for me -
to join new employer based on H1 or wait for my EAD and then join the new employer.
--------- It will be good to join new employer by H1 transfer because if due to any reason your I-485 is denied you will still have H1 status to stay and work in US
 
to ginnu..

Since my H1-B visa 6 yrs is expiring in Dec 2003 , if I do H1 transfer can I get a 7th yr extension based on previous employer approved LC ?
If yes, then what documents do I need from my previous employer for H1 transfer?
PLs advice..
thanks.
 
Since my H1-B visa 6 yrs is expiring in Dec 2003, if I do H1 transfer can I get a 7th yr extension based on previous employer approved LC?
------ YES
If yes, then what documents do I need from my previous employer for H1 transfer?
PLs advice..
------- When your LC was submitted to SESA then SESA sends a letter to your lawyer that letter has PD of your LC filing Or LC approval Copy or I-140 filing receipt, or Only copy of I-485 filing receipt may work for your 7th year H1 extension. You should file now as it takes 5-8 months in many service centers
 
Thanks ginnu.

My company didn't give me LC and I-140 approval copy . But I do have I-485 receipt notice.
Hope that shud do.


Thanks!!
 
Reciept of I-485 will work for 7th year H1 extension


if possible try to get copy of LC and I-140 also
 
I have an approved I140 from my previous employer. My I485 was never filed. This I140 is still in approved state. What are my options??

Thanks!
 
kat78758:

I have an approved I140 from my previous employer.

My I485 was never filed.

--- File I-485 wait for 180 days after I-485 filing receipt to be eligible for AC21

This I140 is still in approved state. What are my options??
---- File I-485 ASAP wait 180 days AND your I-140 should NOT be revoked when I-485 is pending for 180 days, you can hire your lawyer to file I-485, EAD, AP, no letter from previous employer needed if they are not ready to give you, if they are helpful then attach the job offer letter, if they don’t give letter, no need to contact them but you need I-140 filing receipt or copy of approved I-140, if you don’t have copy of approved I-140 just attach the I-140 filing receipt AND go to BCIS online status and take print out of your I-140 approved status from BCIS online and attach it with I-485 filing and keep quiet for 180 days after filing I-485, no need to inform anybody
 
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