I485 Pending - Just Got Laid Off

S

syangjali

Registered Users (C)
I recently got laid off after working at this company for 5 years. I discussed with the attorney before my layoff (I knew I was going to get laid off) about my pending AOS. She told me that there should be no problem.

Since I got laid off, I have found this site and have seen that almost everyone who has been approved has gotten RFE. My attorney tells me that if I were to get an RFE, I should just mention that I had intention of continue working with my current employer until the date of lay off. She thinks my 485 will be approved without any problem.

I have no intention of looking for a job since I am going back to school in September.

Has anybody gotten RFE after they were laid off? How do you respond if they ask for EVL? Is it OK to say that you are currently not employed?

My other option is to apply for Family based AOS since I am getting married to a US citizen in June. But as you can understand I don't want to wait another two years waiting for GC.

Any feedback is appreciated


******
Case Details:
WAC: 02-073-XXXXX
RD:12/20/2001
ND: 12/21/2001
iEAD: 04/15/2003 - SFO
 
you must be employed

If you get an RFE for paystubs and cannot produce them, then it is my opinion that your petition will be denied since it was employment based. The fact that you were laid off for no fault of your own is irrelavant. If you are called for interview you are screwed if you don't have similar job with pay as per your labor cert.

You can take a chance that you will be approved without RFE but chances are slim. Or screw this and get GC thro spouse.

Good luck. Don't just trust what the lawyers say. Ask them to quote specific sections of the law and not their "legal opinion".

-madman
 
You must be employed, find a job quick. GC thru spouse is another option, but why give up the GC you might get today?
 
I will continue getting paid as a regular employee till June 21st. So if I get RFE before June 21st, I am hoping I will be OK.

My layoff package says that I am a regular employee till June 21st but the immigration dept in my company is now saying that they cannot verify that I am an employee since I am not physically working there.
 
Most probably you will be getting RFE after 06/21/03 only so plan to have a job per your LC. Don't blindly trust your lawyer.
 
I485 Pending - Just Got Laid Off: Reference for a Lawyer?

Like you guys suggested, I cannot just rely on my company lawyer. I probably should get some advice from my own lawyer. Anybody has any recommendation for a lawyer in the San Jose/San Francisco area?

Thanks!
 
syangjali, Please don't blindly trust your lawyer. Based on what I've seen on this board, you should at least expect an RFE from CSC and if you don't respond to this RFE accordingly, they will probably deny your case or transfer to a BCIS district office for interview. It's your life, all the lawyer cares about is his or her fees. So do some research on your own. good luck
 
The best lawyer, is this website right here. Your lawyer probably comes here to educate himself (not kidding)

And don't count on a particular date by which you will get RFE or will get approved.. with INS .. anything is possible.
 
syangjali,

If you are looking for speedy approval then you must get a job/salary as stated on your LC! If you get an RFE, and cannot respond due to lack of paystubs etc. Then you will get denied as it is an employment based GC. Offcourse you can get a GC based upon spouse, but that means going to the back of the queue, though you might be able to keep your RD which will help big time!

Good luck!
 
I think we are all missing a point here . If you will get salary till June 21st then even if you get an RFE upto end July you will be able to produce the paystubs for April, May June which should be okay. The key is to be able to produce an EVL . If you can get that then I think you may be fine. But as everyone suggested getting another job or atleast a company that will give you a EVL for BCIS purposes should suffice. Since you are a DEC case chances are you will get an RFE before end July but knowing BCIS anything is possible..
 
EVL means Employment Verification letter. I think this is the acronym used in this forum. So you may not want to go to your employer asking for EVL.

Anyways, getting EVL is what I am concerned about. At that time my boss, HR respresentative everyone said I will be still an employee till June 21st. And, I thought my case should be approved by then. Little did I know that BCIS will not change the processing date from 11/16/01 for the last three months (At one point it started going back).

I volunteered for the layoff since I am going back to B-school in Sep. So I am really not able to look for another job.

Right now, I guess, all I can do is just wait impatiently (until I get my RFE) and count my lucky stars.

Thanks everyone for their feedback.
 
Employer verification letter...and since u r in layof present employer will not give u letter odf EVL. so find another job with similar pay and job duties.
 
Originally posted by Soumy
I think we are all missing a point here . If you will get salary till June 21st then even if you get an RFE upto end July you will be able to produce the paystubs for April, May June which should be okay.
Click to expand...
Interesting that you have come out so strongly in your prediction that syangjali's case will be RFE'ed before a certain date. Obviously you know something more about INS and its processing ways then we do, would you be so kind as to make a prediction for my RFE/approval?

I feel it is a little ludicrous to expect INS to do anything within any time frame. Better be safe than sorry.

syangjali,

Obviously there is nothing you could do besides a couple of illegal things. But good luck to you, and do keep us posted on the outcome!
 
140,


I was just trying to tell that if he gets it by July hes fine.. but later than that could be trouble. Well I thought I was good at predicting and was quite sucessful for a while. But ever since my application went to BCIS all predictions are gone out of the window .. Lets hope the MAGNIFICENT 7 added to the Three Musketeers do something soon..
 
Originally posted by Soumy
Lets hope the MAGNIFICENT 7 added to the Three Musketeers do something soon..
Click to expand...

I dont know how many people read this post by Soumy, but I thought it was absolutely hilarious wanted to bring it up for more attention. It will bring some smiles to wry faces for sure! :)

Joke of the month definitely goes to Soumy! :D
 
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