I485- Lay off- Work permit- H1 issue

W

wewillgetit

Registered Users (C)
Hi,

I have filed for my 485 last month. My company has decided that they would lay me off by next month. As a company policy, whenever any H1-B person isperson laid off, they would inform INS that the employee was laid off with in 10 days after the lay off date.

Any insights into these issues will be appreciated.
1)Is my I485 still valid?

2)Meanwhile can I continue working on my work permit for another company pending the 485 approval?

3)Which is the best way (new H1 with new company or work permit?)
What happens when they open my 485 case and find out that my company laid me off?
4)If this happens after 6 months after the filing date, will I be safe because of the portability?
5)What about my status after the lay off?

Pl advise.

Thanks a lot.
 
Sorry to hear that

I don\'t know what you SHOULD do because your employer will notify the INS. All the means I have known is within the gray region of INS unware of your situation after filing I-485. So it is very tough to say but the first try should go to persuade the employer not to notify INS

Good luck
JimZ
 
Do the H1 Transfer

Do an H1 transfer if possible. This way you will be safe if anything happened to your 485. Generally INS won\'t create any problem if you are laid off. So best thing is get the work permit, don\'t use it. If possible you can try to persue the employer not to cancel the H1. In anycase you will be safe. Don\'t worry. There is only very less chance that INS open your case before 6 months.
 
You could be in trouble

If a company is only cancelling your H1, there is no problem, but if the company is cancelling your GC, thats a trouble. Company can revoke the I-140 before 180 days of I-485 filing. Your I-485 can not be cancelled by the company because its your petition, not the company\'s.
If the company revoke your I-140, you will get the I-140 denial decision by the INS, but when? no idea... but till that time you can use your EAD card. So search hard to get the job either on H1 or on EAD.
 
Gopal2 - really sorry to hear this. Here is my advise -

Please explain your circumstance to a senior manger of the firm. Big corporations understand this and try to be helpful. Best of luck.
 
You still have a chance

The first thing you should do now is apply for an EAD.

Second you are technically safe after 90 days of applying for I-485 ---Because if you receive an RFE you will have 90days to respond.
--This automatically puts you on the 180 day mark.

Things you have to make sure of::
1. Make sure they lay you of after 90 days of i-485(go on unpaid leave or something )
2. Apply for EAD and get a new job in a similar position.

If you get an RFE after 90 days of which chances are very very remote
you will have to show that you have a job in a similar position.
 
Hold on to it!

Sorry to hear that. It\'s really unfortunate. Theoretically, you are still in status as long as your I-485 is pending. Unless INS adjudicates your case right now, you should be able to stay here for now. If your employer only withdraws your H1B, you should still be fine because GC is for a future job. However, you could be in trouble is your employer withdraws your I-140. Unfortunately, as JimZ points out, this is the grey area of the AC21. 106(c) only states that "your I-140 and LC shall still be valid as long as your I-485 has been pending for more than 180 days." The law does not say whether your I-140 and LC are valid if your employer withdraws your I-140, before or after 180 days.

So in any case, the key is to find another job in the same category as soon as possible. Petition for a new H1B just to be safe. When you are called for an interview or get RFE, you can present an employment letter from the new company. Also, try to pursuade your company not to notify INS if possible but not to withdraw your I-140 at the very least.
 
Sorry to hear this!

I have almost been in the same situation. Luckily, my company wouldn\'t do anything to my H-1B and etc. (before they laid me off, I talked to some senior managers in my company, and persuaded them not to revoke anything.) Try to talk to some senior managers in your company, and explain the whole situation to them, at least try to persuade them not to revoke I-140. Also try to look for a new job in the similiar field and get a new H-1B. (you\'d better not use your EAD in case your company revoke your I-140.)

Wish you the best.
 
I am not sure whether firms are legally allowed to withdraw ...

your I-140 after 180 days. I believe they could do it before 180 days and that\'s when things can go really wrong. But again firms don\'t usually do this. I am sure there a way out for - use the 90 days strategy posted by Belal Hassan. Consult a lawyer.
 
No Title

I think a petitioner can withdraw one\'s petition. However, whether one withdraws I-140 after 180 days of I-485 filing will have any effect on the I-485 is another issue, which is not clarified by the law nor by INS.
 
Thanks everybody.

I want to thank everybody for your advices.

I will talk to my managers and see what they say. From your ideas above, i felt that the best possible thing to do is to persuade them not to cancel the H-1 and I-140.

Thanks again.
 
My thought ..don\'t go to inform the company anything ....the ...

the more they know the more screwed up things they might do .... as long as ur 485 is filed u are in legal status till a decision is made ... sit tight and hope no RFE for which u can\'t reply does not come through. Take up an other similar job on h1 since ur EAD had not come through.
 
Similar Position

What does similar position mean.

Let say if someone started working in ERP and and after couple of years, due to job he/she started working in some other GUI tool say VB/VC or ASP but while filing labour ERP was mentioned on his/her labour.

Now when he/she joins new company on the basis on VB/VC or ASP.

Does this mean similar position or different.

thanks
 
Company reluctant to requests

Hi Guys,

Thanks everybody for their inputs.

We had a talk with our HR. They still say that they will notify INS about the layoff and cancel the H-1. They said that they will also cancel the I485. Considering that, somehow, I manage to stay in the company for 180 days after I485 RD, before lay off takes place (by going on vacation etc), is it going to be a problem if the company informs INS?

Gurus, pl help.
 
Sorry to hear that

Hey,
I hate to see people in such situations. I wish I could do something about it. Unfortunately, if your company notifies the INS, and revokes your I-140, there is nothing much you can do, even if you somehow stay with the company. It is like sleeping in your bed room while your house is being demolished! Try again to persuade your company to not revoke the I-140, at the least.
That is your only chance. Also, try to get advise from a third party lawyer. Pay the lawyer if required (he may charge $70 to $100 an hour). I think an hour of consulting will be more than enough for your case.
Though it is easy for me to say, getting GC is not a do or die situation. You can always do it again or try other options/countries.
 
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