I485 filed, but laidoff before 180 days

F

foobar007

Registered Users (C)
My company filed my I485 a month or so ago, but I was let-go now. However, I'll be in their payroll until early-Feb'04, which is ~3 months since my I485 filing.

What are my options now? Is there anyway to save my current GC process?

TIA and appreciate your response!
 
(1) Please post for RD and ND dates, check 180 day clock and usage of
AC-21
(2) Are you under concurrent process ? What your state of I-140 petition?
(3) You might be eligible for an EAD card if you have pending I-485, you
should consider applying for same ASAP.
 
Apply for your EAD card and your GC process will continue as long as your employer does not revoke your I-140. Use AC21 rule after 180 days and change employers.
 
Thanks folks for the response!

My I140 was approved in ~mid-2002. (yeah, I should bang my head against a concrete wall for not filing my I485 immediately).

No, I did not file I140 and I485 concurrently. And I'm in CA and will be under California Service Center.

What's the process for applying for EAD? Do I need to be employed to apply for EAD? (though I'm still in my employer's payroll). How long does it take to get the EAD?

Also, is there a way for my employer not revoke my I140?

TIA!
 
You do not need an employer to apply EAD.
How you apply - it is simple form- you can easily fill it. There also is electronic option- check bicis.gov- somebody may have adirect link.
How long it takes - it depends. Try going to the local BCIS centre- some do it the same day or within 7 days. Electronic (via internet) is faster, directly at the center is fastest.
HTH
 
I140 can be revoked

Regarding I140 revocation. Yes the I140 can be revoked by employer- if I485 is pending for less than 180 days. So in your case he can. By the same count I140 can not be revoked after I485 is pending for 180 days. So if your employer does not cancel now- he can't do it afterwords- after 6 mo. Your future paychecks do not really help you in this context.
Most employers either ignore to cancel or choose not to cancel. You would be a better postion to conjecture/guess.
Best of luck,
 
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My I-485 was filed and I was laid off before 180 days (after 1 month). I then joined another employer and now after 180 days the company would be sending letter to BCIS for AC-21 along with the employment letter etc

What should be the start date on the employement letter? ( date when I joined them or date after 180 days )... If they put the actual start date, will it cause any problems as I joined them before 180 days.

Pls advise...
 
neha72,
AC21- procedures are not well difined-> so you can avoid mentioning the start date. Mentioning it may cause trouble. But if you were laid off rather than quit- BCIS has favourable view- as you intened to work and the employer let you go.
Best send nothing. You are not 'required to' only 'expected to' to inform BCIS of job change. A lawyer can give you best opinion.
HTH
 
I have to agree with Tiger. I did not send any letter to BCIS.
My attorney thought start date is 'good to have' in the letter for interview.
 
Another point is if you join a company before 180 days find out when you are going to be permanent - that might help since you will be on probationary period for some time.
 
I think the issue is not so much- when you joined the new employer but when you quit the last one. The essence of the matter is you should work 180 days for the sponsoring employer.

I don't know if the probation period etc should matter. Even though it may be a clever work around conceived by some lawyer.

Happy New Year and best of luck all.
 
You do not need to work for 180 days. All AC-21 says it should be pending for 180 days. Your company should not act on I-140 before 180 days. That is requirment.

You can inform at any time after 180 days.
 
My I-140 was already approved . I filed I-485 after its approval.

sb_tiger -
I was laid off after a month of filing so in that case I couldn't stay with me sponsoring employer for 180 days. I couldn't help it.

I guess if I-485 is not adjudicated within 180 days then its okay for AC-21 irrespective of u get laid off or work with sponsoring employer.

I am currently working as a hourly consultant ( project basis) with a Co.. They pay me on a % basis. Will that cause any problems for invoking AC-21 with them or do i need to have a permanent job ?

I would insist them to write 'permanent / full time' in the AC-21 letter.

pls advise.
 
neha72

If you are feeling unsafe do not include a start date. Even I am under same situation I was laid off within a month of filing I-485. Nowhere it is written that you need to work for six months. GC is always for future employment. CIS has never made distinction between the already employed and future employment for GC purpose.

Six-month period mentioned in AC-21 is related to the I-485 processing time not the employment time. 'You need to work for six months ‘ is corollary added by the people like us while interpreting the AC-21.
 
I do agree with tammy2- that working for 6 mo. with sponsoring employer is a interpretation that everybody has drawn. The AC21 just states 485 pending (un-adjucated) for 180 days.
The question then becomes if you if you were not working for sponsoring employer- what were you doing or who were you working for. So if you changed employers or became un-employed- how does all that work?
I personally subscribe to the notion- you should work for sponsoring employer for atleast 6 mo. This is logically drawn conclusion.
( I am neither a lawyer nor an authority- I am one of you) :eek:
HTH
:confused:
 
one clarification: we need to be clear of the reason why "AC21" is introduced. It is because of lengthy processing time for I485 by USCIS, nothing else, meaning it's a "penalty" to USCIS itself. Therefore, 180day is meant to the processing time, not employment time. The indication is, as long as your case is pending for more than 180 days, you can do and can have done "whatever" you like (of course not real "whatever", but a limited "whatever"), including changing employer(s), even before the 180th day arrives since it's a "penalty" to USCIS.
 
The AC21-by it's nature SEEMS more pointed about 'Revoking I140' by a sponspring employee.
If I140 is approved and when I485 is filed more than 180 days , now,even if sponsoring employer tries to revoke/cancel the I140(Approved by now and 485 pending more than 180 days) simply
it is not revoked but a notice may be sent to beneficary(By CIS)
asking about the altrantely whether he is employed similariliy.
(Since beneficiary is claiming AOS on his present status).
If CIS is convinced the 'Portability 'of approved I140 is applicable
to the changed situation of beneficiary
and with continuance of GC process with out interruption.
(Question here is if sponsoring employee doesn't opt for revocation and has no intent of that sort,the issue arises or not at all ?as things are not 100% clear so far or the issue may not present at all).
working 180 days with sponsoring employer is always better(if things work out/possible) but AC21 is not explicit or mandating this to any change of employment .
It is talking about only portability aspects predominantly.
However,proving is the burdenof beneficiary about the circumustances convincingly to CIS (As one member pointed out
in these threads for 'prepondearnce of evidence'. )
----------------------------------------------------------------------------------
Not a legal advise.lay man's opinion.
 
Originally posted by Participant
The AC21-by it's nature SEEMS more pointed about 'Revoking I140' by a sponspring employee.
If I140 is approved and when I485 is filed more than 180 days , now,even if sponsoring employer tries to revoke/cancel the I140(Approved by now and 485 pending more than 180 days) simply
it is not revoked but a notice may be sent to beneficary(By CIS)
asking about the altrantely whether he is employed similariliy.
(Since beneficiary is claiming AOS on his present status).
If CIS is convinced the 'Portability 'of approved I140 is applicable
to the changed situation of beneficiary
and with continuance of GC process with out interruption.
(Question here is if sponsoring employee doesn't opt for revocation and has no intent of that sort,the issue arises or not at all ?as things are not 100% clear so far or the issue may not present at all).
working 180 days with sponsoring employer is always better(if things work out/possible) but AC21 is not explicit or mandating this to any change of employment .
It is talking about only portability aspects predominantly.
However,proving is the burdenof beneficiary about the circumustances convincingly to CIS (As one member pointed out
in these threads for 'prepondearnce of evidence'. )
----------------------------------------------------------------------------------
Not a legal advise.lay man's opinion.
Click to expand...

When AC-21 was introduced they never mentioned about revocation of I140 or any thing.
AC-21 has just around 10 lines in whole document. Rest is about H1 issues. These complications are coming because there is no final draft for this rule. I think they do not want to do it also.
Employer revocation of I140 reuse of the Labor all these are problems coming out as AC-21 did not address any other issue.

This will be solved with final draft of AC-21. No one knows when it is going to come.
 
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Originally posted by tammy2
When AC-21 was introduced they never mentioned about revocation of I140 or any thing.
AC-21 has just around 10 lines in whole document.(QUOTE)
----------------------------------------------------------------------------
*The interpretition of 180 days was mentioned in the so called yates memo Aug,2003 once was on the site.Not known whether still kept.
----------------------------------

This will be solved with final draft of AC-21. No one knows when it is going to come.
Click to expand...
-----------------------------------------------
*True, Finally!
 
May get laid of

My H1B is valid till march '04, have EAD approved last week,
I0=0140 approved, filed 485 in Sept 03. May get laid of next week, which is less then 180 days of 485 pending.

Do I become illegle if I stay on EAD without salary for a 1~2 month ?

Do I have to wait for 180 days before I join new company ?

do I have to be on payrol, with old company until 180 days. ??

Thnx
 
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