I am laid off before 180 days and I cannot discuss this with my lawyer
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Nandit Barua
Registered Users (C)
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Sorry to hear that. The good thing is, 180 days, according to Sheila Murthy, is counted from the day of your submission of application to the day they adjudicate your case. So you should be fine. Talk to a good attorney before that witch does what said she would do.
Good Luck!!
Sorry to hear that. The good thing is, 180 days, according to Sheila Murthy, is counted from the day of your submission of application to the day they adjudicate your case. So you should be fine. Talk to a good attorney before that witch does what said she would do.
Good Luck!!
this is bull
If it is YOUR attorney (sponsoring companies\' attorneys would give you that kind of bull) then he/she is representing YOU and not the INS. AC21 says you may change employers if the case is not adjudicated in 180 days, it doesn\'t say when you can change jobs. These days, from what I saw, all adjudications take more than 180 days. I belive that June INS memo with references to the AC21 also did not state WHEN you can change jobs. Furthermore, to my knowledge, you "should" (but must not) inform the INS about a job change.
If you have not completed 180 days from the RD, your employer CAN (but must not) withdraw your I140. If they do, there\'s no way you can save your AOS and must start over again. If they don\'t, you may be OK if you stay put and get yourself a job immediately.
Get an attorney ASAP and ask your employer to not request the withdrawal of your I140 (they don\'t have to withdraw it, however, they can, if they wish).
I don\'t think all hope is lost at this point, get a KNOWLEDGEABLE lawyer! Also, read the AC21 and that INS June 01 Memo off the Internet yourself, they can provide you with a pretty accurate picture of where you stand.
v.v.
(I\'m not a lawyer, but rather just an adjustee myself, don\'t take my words as legal advice.)
If it is YOUR attorney (sponsoring companies\' attorneys would give you that kind of bull) then he/she is representing YOU and not the INS. AC21 says you may change employers if the case is not adjudicated in 180 days, it doesn\'t say when you can change jobs. These days, from what I saw, all adjudications take more than 180 days. I belive that June INS memo with references to the AC21 also did not state WHEN you can change jobs. Furthermore, to my knowledge, you "should" (but must not) inform the INS about a job change.
If you have not completed 180 days from the RD, your employer CAN (but must not) withdraw your I140. If they do, there\'s no way you can save your AOS and must start over again. If they don\'t, you may be OK if you stay put and get yourself a job immediately.
Get an attorney ASAP and ask your employer to not request the withdrawal of your I140 (they don\'t have to withdraw it, however, they can, if they wish).
I don\'t think all hope is lost at this point, get a KNOWLEDGEABLE lawyer! Also, read the AC21 and that INS June 01 Memo off the Internet yourself, they can provide you with a pretty accurate picture of where you stand.
v.v.
(I\'m not a lawyer, but rather just an adjustee myself, don\'t take my words as legal advice.)
Thanks!!! but this is not company employer while this is my personal employer.
My company said that they will not withdraw I140 or terminate H1. My own lawyer is saying that if they don\'t inform INS then its a fraud and so she will do that. I am scared of this lawyer!!!
My company said that they will not withdraw I140 or terminate H1. My own lawyer is saying that if they don\'t inform INS then its a fraud and so she will do that. I am scared of this lawyer!!!
prasad_mrp
New Member
I was in your situation before
Hi,
I am sorry to hear one more case like this. But in my case the lawyer did not inform the INS as she is representing me not the INS. I advise you to talk to you a good lawyer before talking to your lawyer. Please try do this ASAP.
GOD BLESS YOU AND GOODLUCK
Prasad.
Hi,
I am sorry to hear one more case like this. But in my case the lawyer did not inform the INS as she is representing me not the INS. I advise you to talk to you a good lawyer before talking to your lawyer. Please try do this ASAP.
GOD BLESS YOU AND GOODLUCK
Prasad.
FormerlyWheresMahGreen
Registered Users (C)
I sure as hell wouldn\'t, Vae_victis
What an eggregeous posting! AC21 doesn\'t say WHEN??? The mere stating that if the case does not get adjudicated within 180 days itself places a threshold that must be satisfied in order to make use of this provision.
This guy\'s attorney is fully justified by wanting to inform INS about his termination. No sane attorney would want to lie to INS and thus place himself under potential perjury charges. He/she may even get disbarred as a result. Get REAL!!!
BTW, please refrain from giving tips to break the rules on this board. Let\'s keep it simple and honest here!
What an eggregeous posting! AC21 doesn\'t say WHEN??? The mere stating that if the case does not get adjudicated within 180 days itself places a threshold that must be satisfied in order to make use of this provision.
This guy\'s attorney is fully justified by wanting to inform INS about his termination. No sane attorney would want to lie to INS and thus place himself under potential perjury charges. He/she may even get disbarred as a result. Get REAL!!!
BTW, please refrain from giving tips to break the rules on this board. Let\'s keep it simple and honest here!
BladeRunner
Registered Users (C)
waitingGC2002
Registered Users (C)
My case
I am in the similar situation. My previous lawyer is a company lawyer, and he belives I need to re-start green card process because I was laid off before 180 days. But he also told me that some lawyers think my case is still valid because of different intepretation of AC-21 law. The company lawyer did not notify INS and I received an RFE on job letter in March. I hired a new lawyer to answer the RFE since I have been working for a different employer and now the response to RFE has been mailed to INS two weeks ago, and I am waiting for INS to make decision.
I know several people in my situation have gotten their green card. So in your case, consult other lawyers, and then talk to your lawyer about AC-21. She is under no obligation to notify INS and I do not knwo why she would want to do so.
I am in the similar situation. My previous lawyer is a company lawyer, and he belives I need to re-start green card process because I was laid off before 180 days. But he also told me that some lawyers think my case is still valid because of different intepretation of AC-21 law. The company lawyer did not notify INS and I received an RFE on job letter in March. I hired a new lawyer to answer the RFE since I have been working for a different employer and now the response to RFE has been mailed to INS two weeks ago, and I am waiting for INS to make decision.
I know several people in my situation have gotten their green card. So in your case, consult other lawyers, and then talk to your lawyer about AC-21. She is under no obligation to notify INS and I do not knwo why she would want to do so.
LC_Romantic
Registered Users (C)
Post sept 11-graduate lawer,,,even if she notifies INS, INS would not accept unsoiclitated info.
again, it\'s a personal opinion and I\'m no legal expert, BUT:
From the former posts, you can see that several people have successfully gone through this kind of situation.
Now to your comments about my former post:
By saying nothing, a person does not lie! An attorney is bound to protect the interests of the person he/she is representing, within the limits of the law. Actually, if my understanding of legal counseling services is correct, the attorney puts himself/herself in a rather unethical position
by doing the opposite.
The 180 day threshold you are mentioning allows one to use the provision in question, I give you that, but it says "if the case is not adjudicated in 180 days" and does not mention anything about when a job change can occur (see the link to a Murthy transcript posted in this thread). Furthermore, since the poor dude made sure that his I140 would not be revoked as a request of his former employer, to me it seems that he could be OK, provided that he meets the AC21 criteria (similar job, > 180 days and so).
The purpose of this forum, the way I see it, is, among others, to give people ideas that would help them find a way out of their immigration trouble, rather than to tell them they\'re doomed, because it makes one feel smart or something. "Refraining from giving tips" (to follow the law, not to break it, though), would definitely not help anybody.
my 1 1/2 cents,
v.v.
PS: the spelling is "egregious"!
From the former posts, you can see that several people have successfully gone through this kind of situation.
Now to your comments about my former post:
By saying nothing, a person does not lie! An attorney is bound to protect the interests of the person he/she is representing, within the limits of the law. Actually, if my understanding of legal counseling services is correct, the attorney puts himself/herself in a rather unethical position
by doing the opposite.
The 180 day threshold you are mentioning allows one to use the provision in question, I give you that, but it says "if the case is not adjudicated in 180 days" and does not mention anything about when a job change can occur (see the link to a Murthy transcript posted in this thread). Furthermore, since the poor dude made sure that his I140 would not be revoked as a request of his former employer, to me it seems that he could be OK, provided that he meets the AC21 criteria (similar job, > 180 days and so).
The purpose of this forum, the way I see it, is, among others, to give people ideas that would help them find a way out of their immigration trouble, rather than to tell them they\'re doomed, because it makes one feel smart or something. "Refraining from giving tips" (to follow the law, not to break it, though), would definitely not help anybody.
my 1 1/2 cents,
v.v.
PS: the spelling is "egregious"!
FormerlyWheresMahGreen
Registered Users (C)
VV
Again, you are missing the point by miles. The clause, "if the petition is not adjudicated within 180 days..." drives home the point that the petitioner has to wait 180 days before switching jobs. Also, you seem to conveniently forget the basis of employment based cases. FYI: The petition is valid for a "future" job. The beneficiary and the petitioner of the I140 have to prove their intent of mutual committment beyond reasonable doubts for the greencard to remain valid in the future. Since it is common for the beneficiary to have already been working for the original petitioner at the time when I-485 is filed, if the beneficiary chooses to switch employers during the time it takes to adjudicate his/her case, the underlying 140 petition maybe construed abandoned.
The AC21 gives the beneficiary the ability to switch employers without jeopardizing the underlying 140 as a respite from the long processing times.
As for your comments on his attorney, well, maybe he should have shut up in the first place and not talked to his attorney at all. Agreed, the attorney may not volunteer information but that doesn\'t mean he/she may not be treated as accessory after the fact in the eyes of the INS. However, before I go on about whether or not the attorney maybe overdoing her role, I must admit that I haven\'t read the exact contents of an attorney\'s committment to the INS.
And, thanks for pointing out my "eggregeous" spelling. However, the "valability" of your claim that I am showing off my smarts is, I\'m afraid, slightly misplaced. Evidently, I am also a greencard hopeful, and I don\'t have my future written on stone either. Sometimes truth hurts. But we shouldn\'t let our sympathies override our moral codes of conduct.
Cheers!
Again, you are missing the point by miles. The clause, "if the petition is not adjudicated within 180 days..." drives home the point that the petitioner has to wait 180 days before switching jobs. Also, you seem to conveniently forget the basis of employment based cases. FYI: The petition is valid for a "future" job. The beneficiary and the petitioner of the I140 have to prove their intent of mutual committment beyond reasonable doubts for the greencard to remain valid in the future. Since it is common for the beneficiary to have already been working for the original petitioner at the time when I-485 is filed, if the beneficiary chooses to switch employers during the time it takes to adjudicate his/her case, the underlying 140 petition maybe construed abandoned.
The AC21 gives the beneficiary the ability to switch employers without jeopardizing the underlying 140 as a respite from the long processing times.
As for your comments on his attorney, well, maybe he should have shut up in the first place and not talked to his attorney at all. Agreed, the attorney may not volunteer information but that doesn\'t mean he/she may not be treated as accessory after the fact in the eyes of the INS. However, before I go on about whether or not the attorney maybe overdoing her role, I must admit that I haven\'t read the exact contents of an attorney\'s committment to the INS.
And, thanks for pointing out my "eggregeous" spelling. However, the "valability" of your claim that I am showing off my smarts is, I\'m afraid, slightly misplaced. Evidently, I am also a greencard hopeful, and I don\'t have my future written on stone either. Sometimes truth hurts. But we shouldn\'t let our sympathies override our moral codes of conduct.
Cheers!
Acording to carl shusterman,
the 180 rule applys as long as INS does not complete the adjustification of the 485 case in 180 days. You can change job or employer any time after 485 filing, not 180 days after. the 180 days limit is not for the filer but rather for INS adjustifiction of the case.
See
http://immigration.about.com/library/weekly/aa012902a.htm
the 180 rule applys as long as INS does not complete the adjustification of the 485 case in 180 days. You can change job or employer any time after 485 filing, not 180 days after. the 180 days limit is not for the filer but rather for INS adjustifiction of the case.
See
http://immigration.about.com/library/weekly/aa012902a.htm
Acording to carl shusterman,
the 180 rule applys as long as INS does not complete the adjustification of the 485 case in 180 days. You can change job or employer any time after 485 filing, not 180 days after. the 180 days limit is not for the filer but rather for INS adjustifiction of the case.
Here is his answers
Question #1: My company applied for my I-485 in August 2001 in the Texas service center. When is it safe for me to switch companies?
Carl Shusterman: The 180-day portability rule allows you to switch jobs or employers at any time. This is after the form I-485 is submitted to the INS - anytime after that, as long as the INS does not decide your application for at least 180 days after the filing date. Since there is no way for you to know whether the INS will decide your application during the first 180 days, which in your case should be sometime in February 2002, if you want to be absolutely safe, wait until it has been 180 days since the I-485 was submitted before you change jobs. However, it\'s been my experience in submitting I-485s for clients across the United States, that rarely does the INS decide an application during the first 180 days. The bottom line is that if you are willing to take a little bit of risk, you can change jobs immediately.
Question #2: Hi. I\'ve been laid off before 180 days after I applied for I-485. I already have an Employment Authorization Document. Can I use it to get another job, and the new employer needs to sponsor me again for my I-485? Also do I need to start from scratch another I-485 or can I can continue the process? Thanks.
Carl Shusterman: There is no need for your new employer to file a second I-485 on your behalf. As long as your job is in the same or similar occupation you can adjust status using your previously filed I-485. You can continue employment using your Employment Authorization Document (EAD).
See
http://immigration.about.com/library/weekly/aa012902a.htm
the 180 rule applys as long as INS does not complete the adjustification of the 485 case in 180 days. You can change job or employer any time after 485 filing, not 180 days after. the 180 days limit is not for the filer but rather for INS adjustifiction of the case.
Here is his answers
Question #1: My company applied for my I-485 in August 2001 in the Texas service center. When is it safe for me to switch companies?
Carl Shusterman: The 180-day portability rule allows you to switch jobs or employers at any time. This is after the form I-485 is submitted to the INS - anytime after that, as long as the INS does not decide your application for at least 180 days after the filing date. Since there is no way for you to know whether the INS will decide your application during the first 180 days, which in your case should be sometime in February 2002, if you want to be absolutely safe, wait until it has been 180 days since the I-485 was submitted before you change jobs. However, it\'s been my experience in submitting I-485s for clients across the United States, that rarely does the INS decide an application during the first 180 days. The bottom line is that if you are willing to take a little bit of risk, you can change jobs immediately.
Question #2: Hi. I\'ve been laid off before 180 days after I applied for I-485. I already have an Employment Authorization Document. Can I use it to get another job, and the new employer needs to sponsor me again for my I-485? Also do I need to start from scratch another I-485 or can I can continue the process? Thanks.
Carl Shusterman: There is no need for your new employer to file a second I-485 on your behalf. As long as your job is in the same or similar occupation you can adjust status using your previously filed I-485. You can continue employment using your Employment Authorization Document (EAD).
See
http://immigration.about.com/library/weekly/aa012902a.htm
You make a worthy debate opponent, but we\'re monopolizing the thread so I\'ll end the discussion on the guy\'s situation here!
Since you seem to have a better understanding than many of certain legal principles and issues, please answer an unrelated question:
I was wondering what the exact moment of becoming a PR is: is it the approval date or is it the date of the I551 (pass stamp)? Is the stamping considered to be a last step in the process or does it merely represent the issuing of some proof of PR status? What do you think?
Thanks for your answer!
v.v.
FormerlyWheresMahGreen
Registered Users (C)
VV: Exact moments and all that...
To give you a little background before delving into my answer, I was presented with an opportunity to go on an assignment to Europe recently. I asked my attorney what would happen if my case were to be adjudicated (approved) when I am out of the country; on what basis can I enter the States? He said that since AP/H1B allow you to travel abroad with your case pending, the ability to re-enter is inherent. He also added that the adjustment is NOT complete until one\'s passport is stamped and/or the card received. Therefore, I\'d like to think that the PR period does not commence on the approval date.
As for your second question, I reckon the stamping is merely a proof of your status until the actual card comes in.
Good luck!
To give you a little background before delving into my answer, I was presented with an opportunity to go on an assignment to Europe recently. I asked my attorney what would happen if my case were to be adjudicated (approved) when I am out of the country; on what basis can I enter the States? He said that since AP/H1B allow you to travel abroad with your case pending, the ability to re-enter is inherent. He also added that the adjustment is NOT complete until one\'s passport is stamped and/or the card received. Therefore, I\'d like to think that the PR period does not commence on the approval date.
As for your second question, I reckon the stamping is merely a proof of your status until the actual card comes in.
Good luck!