I-485 pending for 90 days, about to be laid off

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gcbayarea

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I-485 pending for 100 days, about to be laid off

Hi All,

I applied for I-485 on Sept 30, 2005 and now its been pending for 100 days. I-140 has been approved. There might be a layoff in the company by feb 15th; by which time I still wouldn't have completed 180 days on I-485. I have an approved EAD and AP.

- What are my options now in case I get laid off?

- Is my I-485 salvageable ?

- From the day I am laid off, can I wait till the completion of 180 days of I-485 and then use AC21 to port jobs/I485/H-1B ?

Thanks in advance.
 
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my view : You will not be elidgeable for AC21.

However .... In case your employer does not withdraw your I-140 till 180 days pass I485 .. you have a solid chance to play with the AC21 Law.
 
i don't think my employer will revoke my I-140 or try to stop my gc process. In that case, how should I approach the situation. If I wait till the 180 days to pass, there is going to be a gap of some 45 or 60 days between getting laid off and joining the new job. Will that be acceptable while doing the AC21 ?

Thanks a lot
 
Just a suggestion:

I wont invoke AC21, but will find other job to and work. I will see if this way I can get the AOS status getting approved. I dont have to work for the GC sponsoring company.

On the otherside, I would ask them to file labor for me, I can still use the PD from earlier, since my 140 is approved. Coz I am not sure how long it will take them to approve the 485. I have to get EAD to work until the 485 is approved, I dont think I can use H1, since I worked in EAD which in turn automatically cancelled my H1.

Just a thought....talk to your lawyer for an expert answer.
 
You should be fine as long as your present employer does not revoke your approved I-140. Try to look for a job. Make sure you can reply to the employment RFE (if any) at the time of your I-485 approval.

Note: This is just my view. Consult a qualified attorney for advice.
 
You can take unpaid leave till you get another job.
Ask your employer how this works and cut a pay check for $0.00 or a minimum possible amount.
 
gousgc said:
You can take unpaid leave till you get another job.
Ask your employer how this works and cut a pay check for $0.00 or a minimum possible amount.
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I don't see any advantage to this. The loss of temporary non-immigrant employment does not automatically mean the revocation of the permanent job offer, unless the employer withdraws the I-140.
 
labordrags said:
Just a suggestion:

I wont invoke AC21, but will find other job to and work. I will see if this way I can get the AOS status getting approved. I dont have to work for the GC sponsoring company.

On the otherside, I would ask them to file labor for me, I can still use the PD from earlier, since my 140 is approved. Coz I am not sure how long it will take them to approve the 485. I have to get EAD to work until the 485 is approved, I dont think I can use H1, since I worked in EAD which in turn automatically cancelled my H1.

Just a thought....talk to your lawyer for an expert answer.
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If your employer would not revoke your I-140 petition, you could safely use the AC21 rule to change employers after 180 days.

Also, if its been more than 90 days since you applied for EAD, then contact local USCIS to get an interim EAD. You can use this intermin EAD to find a new job and later on (after 180 days from I-485 filing) use AC21 to port jobs.
 
Do not panic

You are fine. You are not leaving. your employer is willing to layoff. If your job offer was bonafide and you and your employer had a intention of permanent offer for you at the time of I-140 and I-148 was filled, you will be ok. File AC21 after 180 days. The very important issue is your I-140 SHOULD NOT BE REVOKED BEFORE 180 DAYS OF 485 PENDING.

Here is the USCIS guidle on this issue

Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
 
TheRealCanadian said:
I don't see any advantage to this. The loss of temporary non-immigrant employment does not automatically mean the revocation of the permanent job offer, unless the employer withdraws the I-140.
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Maintain good relationship with employer.
 
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