JOB LOSS < 180 days

B

Baba Yaga

Registered Users (C)
I know there is some discussion going on regarding this issue, but here goes.
It is possible that my company may lay me off before my 180 days
of 485 application are over. I talked to my attorney and he told
me that a law exists (before AC21) which allows me to work for another
company and the new company should file for a new I-140.
Even though he told me it would be better if I get a letter from
my company stating that they mayhire me in the near future, and they
should not revoke my existing I-140, my lawyer was not clear on the following:
(1) What happens if the company shuts down?
(2) SHould the new job have the exact job requirements (I am EB-2 with BS+5 )

My H1 will expire shortly but I have an EAD.

Anybody\'s experiences, comments will be helpful.
 
No Title

Baba Yaga, sorry to hear this. I wish everything works out for you. You have mentioned that you have an EAD that means you have already crossed around 3 plus months from the notice date of your I-485. Just hang on for another 3 months. Things will change. Good Luck to you.
 
No Title

Babayaga,

Firstly, I am sorry to hear this.

Your lawyer is correct. What he says also applies if the company shuts down.. because that letter if issued by the company is when it was still in existence.. even if the company shuts down the next day the letter is still legally considered valid. INS doesn\'t verify if the company really shut down. If your underlying I140 is not revoked then you need to find a job that has similar requirements as the LCA used for your I140. The best thing about the I140 not revoked is that you don\'t lose I485 procesing time...

If in the worst case your underlying I140 is revoked then you can find job irrespctive of the requirement for previous LCA /I140.

Hope this helps
Bhanu
 
No Title

Thank you Bhanu and Whatthehell for your replies.
This is a very worrying situation. WHat I deem unfair is that
if the company shutsdown on day 181(from I485 RD/ND?) then
I am OK, but if it happens on day 179, then INS expects me to get a
letter and all that crap!!
It would be better for me to get laid off first than come oneday
and see my company locked up!! What happens if I cannot get the letter?
Thanks for your sympathies and concerns.
-Narayan
 
No Title

Since 179 days is a narrow gap compared to 180, I think you can clain you beneficiary of 180 day rule... I don\'t see why not. Try contacting your company for letter now rather than later..

BK
 
No Title

179 days was just an example.
Based on a posting in this site, it would seem that the DOS
advise only talks of "whether the 485 petition was adjudicated
in 180 days or more" . What I infer from it is that
if INS adjudicates your petition after 180 days (recipt notice -
Approval notice) then it does not matter where you work as long as your current work is similar to the one stated in your LC.
Does NOT talk about layoffs, change of jobs etc.
 
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