Job Termination ... Need Help

[bubloo]

All Gurus and Experienced people out there, I would greatly appreciate your advice and helpful comments on my situation...
Last week Wednesday I was layed off by my compnay. My company was the sponsor for my GC application.
My 140/485 were applied concurrently on 11/2003
My 140 was approved in 4/2004
I got my first EAD and AP on 1/2004

My concerns and questions are as follows:
1- As I did not leave the company on good terms, can they revoke 140/ 485 and EAD so that I will become out of status?
2- How long do I have till I can find a new job?
3- Does the new job have to be in the same area where my labor was done or can it be anywhere in the US?
4- What does the new employer has to do to take over my GC case?
5- My EAD extension was filed in 7/2004 but I have not got the card yet. Can the ex company cancel this EAD application after its ben pending for more than 90 days now?
6- Does anyone know how long it take in general for the CIS to revoke the 140 based on company's request and how long do I have before I get the RFE and HAVE to provide evidence that I am employed?
7- Is my status still legal at this point?

I would greatly appreciate if anyone can help me in these diffisult and trying times.

 

[tekworker]

I too got laid off this week by the company that sponsored my GC.
My 140 is approved, 485 is pending for more than 6 months and I have EAD card. (See signature for details)

To answer your questions:

1- As I did not leave the company on good terms, can they revoke 140/ 485 and EAD so that I will become out of status?

485 is your petition, so they cant withdraw 485.
It is unlikely that they will revoke your 140. Even if they ask for it to be revoked, what will happen is that you will get a Notice Of Intent to Deny
when your 485 case is processed. If you can get a similar job, you can provide that you joined another company by using AC21.

2- How long do I have till I can find a new job?

There is no time limit. It is important that you be employed in a similar job by the time your case is processed.

3- Does the new job have to be in the same area where my labor was done or can it be anywhere in the US?

As far as I know there are no geographical limitations.

4- What does the new employer has to do to take over my GC case?

New employer needs to provide employment verification letter in case there is RFE or NOID or if you yourself choose to notify BCIS that you have invoked AC21

5- My EAD extension was filed in 7/2004 but I have not got the card yet. Can the ex company cancel this EAD application after its ben pending for more than 90 days now?

I don't think so. It is your application, your company cannot withdraw it.

6- Does anyone know how long it take in general for the CIS to revoke the 140 based on company's request and how long do I have before I get the RFE and HAVE to provide evidence that I am employed?

Like I said before, the worst that could happen is that you might get a NOID.
Start applying for jobs and hopefully you will find something.

7- Is my status still legal at this point?

Yes, you are legal. You have nothing to worry about except getting a job and start earning $$$ again!
Let's hope we both find something soon and post here about our approvals in a few months' time! Good luck!

 

[ginnu]

All Gurus and Experienced people out there, I would greatly appreciate your advice and helpful comments on my situation...
Last week Wednesday I was layed off by my compnay. My company was the sponsor for my GC application.
My 140/485 were applied concurrently on 11/2003
My 140 was approved in 4/2004
I got my first EAD and AP on 1/2004

My concerns and questions are as follows:
1- As I did not leave the company on good terms, can they revoke 140/ 485 and EAD so that I will become out of status?
----- your I-485 is pending more than 180 days and your I-140 is approved even if the employer sends letter to revoke the I-140 USCIS is not going to revoke the I-140 if you find new job offer in same /similar job
2- How long do I have till I can find a new job?
---find it ASAP
3- Does the new job have to be in the same area where my labor was done or can it be anywhere in the US?
---can be anywhere in US
4- What does the new employer has to do to take over my GC case?
----- He has to give you future permanent job offer letter to use AC21
5- My EAD extension was filed in 7/2004 but I have not got the card yet. Can the ex company cancel this EAD application after its ben pending for more than 90 days now?
------ you employer has nothing to do with your EAD or AP becase EAD and AP are based on YOUR pending I-485
6- Does anyone know how long it take in general for the CIS to revoke the 140 based on company's request and how long do I have before I get the RFE and HAVE to provide evidence that I am employed?
7- Is my status still legal at this point?
------- your are legal at this time and your status is AOS pending
I would greatly appreciate if anyone can help me in these diffisult and trying times.

 

[bubloo]

Tekworker, Ginnu:
Thanks for replying back...really appreciate your help.

I am glad to know that I am not in any immediate danger of loss of status. One issue that I have though is that my original EAD is expiring in early Dec 2004. I think I can go to the local CIS office to get a urgent EAD if the extension filed EAD does not come in time but the problem is that my ex compnay's lawyer has all the receipts for my case and I do not know if the lawyers will be willing t give it to me to take over the case from now onwards...any one had any issue like that before??

all your help is extremely appreciated.

 

[ginnu]

Tekworker, Ginnu:
Thanks for replying back...really appreciate your help.

I am glad to know that I am not in any immediate danger of loss of status. One issue that I have though is that my original EAD is expiring in early Dec 2004.
ypu have filed EAD renewal 7/2004 you may get EAD in few days or if 90 days have passed from reciept date you can go to local USCIS office with EAD filing reciept and can get iEAD ( if no RFE is pending for EAD like color copy of driving licence or new style photographs) if you have EAD filing reciept check the USCIS online status
if your service center is VSC you may get EAD approved before Dec if your service center is NSC they are taking 60-80 days at this time.
I think I can go to the local CIS office to get a urgent EAD if the extension filed EAD does not come in time but the problem is that my ex compnay's lawyer has all the receipts for my case
------ monday go to lawyer office ask the EAD filing reciept and I-485 filing reciepts from him, EAD and I-485 are your petitions and employer has nothing to do with the reciepts of EAD, AP and I-485
and I do not know if the lawyers will be willing t give it to me to take over the case from now onwards...any one had any issue like that before??
----- Lawyer cant refuse your reciepts, if he does not give you . write here again and many will help you
all your help is extremely appreciated.

 

[bubloo]

Thanks Ginnu...I will contact the lawyer on Monday
The reason I was getting concerned was because I talked to another local immigration lawye today and he said that as long as the company was paying for the GC, the company lawyer does not have to give any of the receipts/ docs to me...

Hope it all works out and I can sleep well again

 

[fast_gc_seeker]

The reason I was getting concerned was because I talked to another local immigration lawye today and he said that as long as the company was paying for the GC, the company lawyer does not have to give any of the receipts/ docs to me...

Even if your company pays for 485,AP,EAD they have no right to hide
receipt numbers and copies of it from u. Its ur application and u've right
to have copies of its receipt. Post ur comments on Monday.

 

[bubloo]

I have talked to my past company's lawyer and they have mailed the EAD receipt so I can go to the local office and get an emergency EAD if needed. Thats definately a good news and thanks to all you guys for helping out.
I also asked the lawyers to provide me with the copis of my labor and approved 140 but they have refused to do that. My worry is that I do not know exactly what was written in my job description and I do not want to take the risk of writting a job description for my new job that falls out of the "same/ simmilar" category.

Do I have no right to see my Labor/ approved 140 anymore?
Is there any way to get this information?
What does the new employer has to do to transfer my H1b?
How soon can the H1B tranfer has to happen after job termination?

Would really appreciate all of your help...thanks in advance.

 

[clear485]

Don't worry....u r OK

I have talked to my past company's lawyer and they have mailed the EAD receipt so I can go to the local office and get an emergency EAD if needed. Thats definately a good news and thanks to all you guys for helping out.
I also asked the lawyers to provide me with the copis of my labor and approved 140 but they have refused to do that.

If you know the I-140 Receipt Number, you can go to USCIS website and search with number and take the result in PDF print. That will help you in case of any references in future

My worry is that I do not know exactly what was written in my job description and I do not want to take the risk of writting a job description for my new job that falls out of the "same/ simmilar" category.

I think you can goto fdlcentre.com (you can get the exact url for this website in this forum) and search with your past employer name, state and dates of your labor filed....you might be getting the Job name they have applied for you

Do I have no right to see my Labor/ approved 140 anymore?
Is there any way to get this information?
What does the new employer has to do to transfer my H1b?
How soon can the H1B tranfer has to happen after job termination?

Would really appreciate all of your help...thanks in advance.

 

[ginnu]

I have talked to my past company's lawyer and they have mailed the EAD receipt so I can go to the local office and get an emergency EAD if needed. Thats definately a good news and thanks to all you guys for helping out.

--- did the lawyer also give you your I-485 filing reciept????
I also asked the lawyers to provide me with the copis of my labor and approved 140 but they have refused to do that.
----- lawyer may not give you with out employer permission becase LC and I-140 belong to employer, if you want use FOIA search for FOIA in the threads and many got I-140 and LC copies through FOIA
My worry is that I do not know exactly what was written in my job description and I do not want to take the risk of writting a job description for my new job that falls out of the "same/ simmilar" category.
----- use FOIA and get copy
Do I have no right to see my Labor/ approved 140 anymore?
---- it depend on your employer if he does not give you then only option is FOIA
Is there any way to get this information?
-------FOIA
What does the new employer has to do to transfer my H1b?
------ you need to provide your recent 2-3 pay stubs copy and other stuff, ask the lawyer who is going to file H1 transfer
How soon can the H1B tranfer has to happen after job termination?
---- file ASAP
Would really appreciate all of your help...thanks in advance.

 

[bubloo]

Thanks for all the replies...I truly appreciate it

I got a letter from CIS today saying that my I485 case has been transfered to the local INS office (Milwaukee) from NSC. The letter says it is done to speed up processing. I am not sure if this is a good thing or a bad thing? Can anyone sare their view on this.
Does this mean I might get an interview soon?

Your help is very much appreciated

 

[ginnu]

Thanks for all the replies...I truly appreciate it

I got a letter from CIS today saying that my I485 case has been transfered to the local INS office (Milwaukee) from NSC. The letter says it is done to speed up processing. I am not sure if this is a good thing or a bad thing?
---Many files are getting trasfred to Local offices
Can anyone sare their view on this.
Does this mean I might get an interview soon?
---- Interview date depends on particular Local USCIS, if you are not with employer who filed I-140 be ready to send AC21 letter of new Employer to local USCIS office after 15-20 days becase file transfer takes about 20-30 days to reach Local USCIS or take the new job offer letter from new employer and use AC21 at the time of Interview
Your help is very much appreciated

 

[bubloo]

Thanks for the reply ginnu.
My case is transfered to Milwaukee office. I checked the processing times for milwaukee and it looks current (1-2 weeks delay)
I am not sure if this transfer is due to the fact that I lost my job and the company informed CIS or is it normal?
Does everyone get an interview after case transfer?
Where does the interview letter go...lawyer or me? If it goes to the lawyer I am thinking that I should retain my past company lawyer for a while as I dont want to miss any correspondence...any thoughts?
What docs to I need to take if the interview is called?
Is the 485 approved after the interview? is the passport stamped right there?

Would appreciate any help on these concerns ....

 

[ginnu]

Thanks for the reply ginnu.
My case is transfered to Milwaukee office. I checked the processing times for milwaukee and it looks current (1-2 weeks delay)
I am not sure if this transfer is due to the fact that I lost my job and the company informed CIS or is it normal?
Does everyone get an interview after case transfer?
--YES
Where does the interview letter go...lawyer or me?
---- it may come to your address that is on I-485 and Copy may be sent to lawyer who filed your I-485
If it goes to the lawyer I am thinking that I should retain my past company lawyer for a while as I dont want to miss any correspondence...any thoughts?
--better
What docs to I need to take if the interview is called?
---- they will send a list of documents, take your recent 3-4 pay stubs, birth certificate orignal, Tax papers for last thee years, W-2 for last 3 years, I-94, Passport, Company job offer letter( if you are going to Use AC21 then take new employer AC21 letter) all EAD, AP ( make the copy of each document they will see the orignal and keep the copy of W-2, tax filing, Birth certificate, pay stubs) dont forget to take 2 New Passport style photographs with you( even if they dont ask take them with you)
Is the 485 approved after the interview? is the passport stamped right there?
---- If approved you will get the stamp same day
Would appreciate any help on these concerns ....