If i am laid-off/don't have job/no pay-roll during any of the GC stages, am i still b

S

sun_moon_India

Registered Users (C)
Hi Attorneys / Members,

Question: If i am laid-off/don't have job/no pay-roll during any of the GC stages, am i still be eligible to get GC. ???

Situation : I was in a project when my GC process started during Sept 2001 with X company. After few months, i was laid-off and also my H1B expired with the same X company. i was out of job for almost a year. Now i am in the job with another company: Y. I know that my GC Process with previous X Company is continuing in State Labor. can anyone guide me whether i am still eligible for GC with X company (if X employer willing to go ahead), though i was out of job and no pay-roll generated for almost a year ??

Please suggest..

SunMoonIndia.
 
I think you need qualified/expert attorney.......You have a complicated case.

BTW, Are you still on H1? Who is holding your H1???
 
Yes.. i am still in status with H1. I am with company Y, with their H1. My H1 with company is expired long back.. but my GC labor process is still continuing with company X.

Folks, anywway, if u have any suggestions, pl let me know..

Thanks,
SunMoonInida.
 
Timing is too important here to really try to answer the question in this forum. If you were ever really out of status, you may not be able to adjust in the US and if you were oout of status for more than six months, you may not be able to reenter the US when you leave.
 
Hey,
One important thing to note is that your GC has nothing to do with your H1. Your GC is only for your future employement and any company can apply your GC. It need not be the one that you are currently employed with. I am not sure about the effect of you being out of status.
Best of Luck
 
LC, H1B and S245(i). Can we take any benefits??

James / others,

I had a labor filed back on April 26th 2001 (NC SESA), with a priority date of Apr 27th 2001. It was approved in September 2001 by Atlanta DOL. In the meantime, I had to move to CA with my employer. As the region changed, they filed a new labor in October 2001 which is still pending at DOL with no hopes to get approved at all.

Due to political reasons, my team here doesn't want me to move back and continue processing from NC (there is nobody in that office that could use my approved labor either). They don't even want me to move back once the GC processing is done.

As I fulfil all the requirements to get benifits under S245(i) (Labor filed before Apr 30th 2001, was physicall present in US on Dec. 21 2000 etc), I would like to know what kind of benefits I can have under S245(i) and how can I file my adjustment of status under this law.

Thanks a lot for your attention!
logicators
 
You get no "benefits" under 245i. 245(i) merely permits adjustment of status to be done in the US even if you were out of status or worked illegally. You still need a basis to file the I-485. 245i alone will not do it.
 
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