I140 approved;have EAD;I485 pending;finger printing passed;laid off before 180 days

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weiqunl

Registered Users (C)
questions:
1. Am I in status?
2. The previous company's lawfirm filed I485 and I140 for me. Now do I need to inform them that I am no longer with the company? Will they revoke I485 application?
3. If I can find a new job, can I continue the I485 process? Is it just waiting?
4. What's the final step for I485? Need to go to an interview? Will there be chances that I can skip the interview?

Thanks for any advice!
 
Last edited by a moderator:
Originally posted by weiqunl
questions:
1. Am I in status?
2. The previous company's lawfirm filed I485 and I140 for me. Now do I need to inform them that I am no longer with the company? Will they revoke I485 application?

[ab] Your company cannot revoke your 485 application as 485 is YOUR application. However, they can revoke your 140 which is the basis of your 485 application.. They have this luxury for 180 days so, one way or the other, u gotta make sure they don't revoke your 140. Btw, they are not required to revoke 140 by INS.

3. If I can find a new job, can I continue the I485 process? Is it just waiting?

[ab] U can continue 485 in the new job thru AC-21 route if 2 conditions satisfy: (a) your case is not adjudicated by INS within 180 days of 485 filing (can file AC-21 only after that) and (b) You get a job with a similar job description (salary and location can be different)..

4. What's the final step for I485? Need to go to an interview? Will there be chances that I can skip the interview?

[ab] In ur case - filing AC-21 and then RFE/Interview as required by INS.. Dont think u can skip interview.. Why would u want to skip it anyway....? Just wondering..

Thanks for any advice!
Click to expand...
 
Thanks ab.

I heard that some people can get I485 approved without going to an interview. But I don't think I can be that lucky :)

So regarding the 180day deadline, I have another question: so it doesn't matter that I got laid of before after 180 days has passed since I485 was filed, right? As long as INS doesn't revoke my I140 within 180 days, I can work for another company with similar job description...?

My previous company's lawfirm did all the applications for me. Now I am thinking whether I should ask them to continue working for me or I should hire a new lawyer? I worry that if I tell them that I got laid off, they would inform INS ...

Thanks!
 
Sorry AB that I have another question:

Is 180day from the "receipt date" or the "Notice date" of my I485 filing?

Thanks!
 
weiqunl,

U can find my answers below. Also, u may want to checkout Sheela Murthy's website as it has the most reliable info: http://www.murthy.com/UDac21qa.html

So regarding the 180day deadline, I have another question: so it doesn't matter that I got laid of before after 180 days has passed since I485 was filed, right? As long as INS doesn't revoke my I140 within 180 days, I can work for another company with similar job description...?

[ab] Correct.

My previous company's lawfirm did all the applications for me. Now I am thinking whether I should ask them to continue working for me or I should hire a new lawyer? I worry that if I tell them that I got laid off, they would inform INS ...

[ab] Lawyer cannot cancel the 140 by himself - the company would have to take a decision on it.. Depending on your relations with the company, I would suggest u talk to them and try that they dont cancel your 140.. It helps that INS doesn't requires them to cancel it unlike H1 which they are required to cancel by law. Also, while u are talking with the company, make sure u have/get copies of your 140 approval and 485 Receipt and, if possible, LC approval - can be helpful later.. You would also need Job Description from LC application to match a "similar job" requirement while filing AC-21. U can keep the same law firm if u are comfortable with them or take a stellar lawyer for AC-21 like Murthy or Khanna etc.. If u do change, u would have to file a change of lawyer form along with AC-21..

Is 180day from the "receipt date" or the "Notice date" of my I485 filing?


[ab] Receipt Date

Good Luck
 
Wei,

Regarding the company's lawyer: I have had some experience with this. They have been paid to work on your case; however, if you tell them that you're laid off, they are likely to cover their own bases, and they may not continue to process your case, or even answer your questions. They may think that there will be a conflict of interest between you and the company. My suggestion is to not tell the lawyers about the layoff as long as possible (let the company do that if they want to), and only when they know, talk about if they want to continue your case. Also, in the meantime, try to get LC & I-140 copies, I-140 approval notice from them.

If you can get those photocopies, I think you should be better off with a new lawyer who doesn't have any responsibilities to your ex-employer.
 
Thanks for the reply, bumblebee.

My previous company's lawyer will find out anyway because they will renew my AP and EAD soon. So I am thinking if I should tell them then and ask them if they are willing to help me (I can pay them of course) or if they think there's a conflict of interest, I can hire my own lawyer and take over the case.

The thing I worry is that if I don't tell them and they find out by themselves, it seems to be rude and cheating so that even there's a chance that they can help me, I will loose by not telling/asking them proactively...

So I guess my question right now is:
Should I hire my own lawyer right now?
Or
Wait until I find a new job and ask my previous company's lawfirm. If they agree to help me, then I don't need to hire my own lawyer. If they don't, then I find my own lawyer?

Which strategy is better?
 
I would say it depends on the approach of your current lawyer. I would think it is the company's responsibility to tell them that you are no longer with them. But they have already paid for your I-485, which is yours.

Rude and cheating: It is not rude to look out for your own interest. Make sure they won't do anything that could negatively affect your case.

If your previous lawyers agree to help you going forward, they are still going to ask for money. And your new lawyer shouldn't charge too much since the major filings and costs seem to be taken care of.

I think you should keep your old lawyers only if you think they can really help you.
 
my case was transferred to local office

My case is similar... I got laid off before filing 485, but my previous employer gave me the letter so that I continued my green card process. I found a job 2 weeks later and moved to a new city in the same state. Got RFE, and replied it in early Dec and now I found out my case was transferred to local INS office, and I am waiting for the interview notice now. Thinking about using AC21, but not sure if that applies to my case - at least my attorney said it is a gray area and not sure either. I replied RFE with two employers' letter - old and current. So I have two approaches - going back to old company or using AC21. But the first one doesn't seem convincing, and second one might not apply to me.

Any ideas?

Thanks to u all.
 
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