I140 Not approved, Laid off. I485 pending 180 days

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ramanjam

Registered Users (C)
Need help. My 140 is not yet approved and i am laid-off and the company mentioned that they will not withdraw the application and will continue with the process. Can i get a new job using my EAD and wait for I140 approval. Do i need to inform the USCIS now on my new job using AC21 or file AC21 after getting the I140 approval. Looking for guidance. Does the new employer need to do anything? or does they need to know about my pending I140?

Please help.
 
ramanjam said:
Need help. My 140 is not yet approved and i am laid-off and the company mentioned that they will not withdraw the application and will continue with the process. Can i get a new job using my EAD and wait for I140 approval. Do i need to inform the USCIS now on my new job using AC21 or file AC21 after getting the I140 approval. Looking for guidance. Does the new employer need to do anything? or does they need to know about my pending I140?

Please help.
Click to expand...

There is another forum for AC21 specifically. You should check that out.
General held belief is that 140 must be approved before applying AC21 but people have used AC21 before 140 was approved. If the former company is very supportive, it might be better just to let them continue your GC through to the end. The concern there is if you get an RFE on the 140 for ability to pay. Now that you are not working for them the old company must have the excess net profit or assets to cover any deficiency between your LC wage and what you were paid the year of the layoff. This is the same situation I'm in and the company is supportive (sort of). Since I'm not an active employee it's hard to get them to react quickly to any requests.
 
ramanjam said:
Need help. My 140 is not yet approved and i am laid-off and the company mentioned that they will not withdraw the application and will continue with the process. Can i get a new job using my EAD and wait for I140 approval. Do i need to inform the USCIS now on my new job using AC21 or file AC21 after getting the I140 approval. Looking for guidance. Does the new employer need to do anything? or does they need to know about my pending I140?

Please help.
Click to expand...
If your previous compnay is willing to help the process, including reply RFE if comes, then you are fine. It is not required that you need to inform USCIS. Your new company will hire you based on your EAD and they do not need to do anything.
 
Hi Ramanjam,

The exact same thing happened to one of my collegues few months back. But he got another job on contract using his H-1B. He never used his EAD. In the mean time our company told him that they will not withdraw the 140 application. Surprisingly, he got his GC last month without any RFE for 140 / 485.

You never know about USCIS... You may also get the apporval soon.

Hope for the best.
 
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