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

[gcbayarea]

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. I am likely to be laid off this month or 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 ?

- 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.

 

[newbies]

Hi All,

I applied for I-485 on Sept 30, 2005 and now its been pending for 100 days. I-140 has been approved. I am likely to be laid off this month or by feb 15th; by which time I still wouldn't have completed 180 days on I-485.

- What are my options now ?
Looking for another job or go home with your family

- Is my I-485 salvageable ?
Only if your employer agrees to keep it alive for another 80 days.

- 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 ?
Yeap, you can but only if your I140 and I485 are still alive for 80 days after the layoff. If your employer revorke your I140, everything is gone. If they don't do that, in the future USCIS asks them about the intention to hire you when GC is completed, they need to prove that (I don't know how they can prove they will hire you in the future and fire you now)

Thanks in advance.

 

[WorryForGC]

if you are sure of layoff, then best is to try get another job

and invoke AC21, if your employer doesnot revoke 140 you don't have much to worry and invoke Ac21 after 180 days but go find the job or job letter

 

[gcbayarea]

i don't think my employer will revoke my I140 or try to cancel my I485. In that case, should I

1. try getting a new job immediately after layoff and wait for 180 days passing before filing AC21 and port my I140/I485 ?

OR

2. Wait till 180 days pass and then get a new job and use AC21 ?

Thanks a lot

 

[GotPR?]

You had better get job as I485 adjudication needs job or job offer. You never know if you got I485 approved next week unless you are retrogressed.

 

[gcbayarea]

yes, I am caught in retrogression. My LC Priority date is May 2002 whereas the EB2(India) cutoff date is Jan 2001. So my I485 is not going to be approved anytime soon.

 

[GotPR?]

Then, i'd like to say relax, however, i saw your other post regarding your wife staying outside with H4. It is grey for her to enter the US with H4 if you are out of job with H1.

 

[Aakash28]

You should try to get a job offer before you get laid off - You just need to make sure with the old Company that they do not canel your I-140/I-485 fro another 45 days. If you wan't you could join another Company immediately - but note you should not be on their payroll until you file AC-21 - can ask them to pay you off your pay as bonus for that 45 -day period. Also let other Company know beforehand that you would need a AC-21 letter after 45 days. Hope this would help.