Jaxen or Jim Mills please help me out. Urgent

D

desper

Registered Users (C)
Every senior member:
This is Desper. I posted I-485 and layoff last week. This is the fact.
I-140 RD 7/17/2001 RD 7/11/2002
all required doc was sent to company attorney 07/28/2002
layoff 08/09/2002. company attorney did not send all doc out b/c HR asked them to hold
After layoff, company returned all doc to me but no employment letter ( I have a copy) ( (I got the last Friday).


Question:
1) should I file I-485 by myself? If I file it and get requiremet to send company employment or INS is processiing, does this mean I am in legal Status?
2). If I file I-485 w/ EAD, and EAD approved but Later I-485 is rejected? What is it RISK?
3). If I file I-485 and INS requires employment letter but I don't have one or INS rejects it, I quit and go to 3rd country for one more year and come back. Is there any impact on later on GC application? When I leave for 3rd country, Should I report it to INS?
4) How long can I legally state in USA after job termination? It is said only 30 days but it is impossible to find IT job for H1b job hunter.

Thanks in advance!! Seniors, Please help me out!
 
Answers?

1. U can file it yourself. If the application is accepted and a receipt notice is generated you are in status..

2. Will have to leave country is 485 is rejected.

3. Leaving US now will not affect future GC processing. No need to inform INS, but when you come back U might be asked to provide proof of being away from US for 1 year...

4.Legally 10 days. But there are some who have ben searching for a job for more than 6 months..
 
1. You need the employer's letter since it is an Employment Based I-485 petition.
2. As soon as your employment is terminated, you are out of status--INS may have allowed a 10 day grace period in the past, but that is not the legal provision.
3. You may come back to US after a year on a new H1B and file for a green card all over again, if you get an employer who is willing to do so.
Best of luck in the rather grim scenario!
 
Don't waste your time buddy. Contact a good lawyer immediately. If there are any avenues open, they might guide you through with it.

Best of luck.
 
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