job termination

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aos_wait

Registered Users (C)
I am within a few weeks of getting fired from my job. I filed I-485 just 3 weeks ago. My employer says he will not revoke I-140. If I can find some other job and I485 is not approved in 6 months, I will be able to use AC21.
What happens if I485 is approved within 180 days? Can I do anything in that case to justify green card.
 
From one of the articles I had read before, you should be okay if you get terminated from the company within 180 days. You just need to keep a copy of termination letter for your records.
 
can someone send me a link to this article. GotGc, you may be talking about the case when luckily your 485 does not get approved within 180 days and you applied for AC21. what happens if it does get approved within 180 days.
 
Check out FAQ's on the various lawyer website......the argument of termination letter...usually applies to scenarios when GC is approved and you get terminated within 2-3 months...

Remember GC is always for a future job offer...the job offer always says - Upon approval of Green Card, the job offer will be made to the employee...

You might be okay...if USCIS does not issue any RFE for Employment Verification Letter (EVL).....within the first 6 months...

U can always argue that you and your employer intended to engage in employment .....when 485 was filed....and hence, justify that the Green card request was valid....

If it gets approved in under 6 months, just party and enjoy!

I think for RFE's you get 3 months....so hopefully you should not get an EVL RFE in the first 3 months of 485 filing...then you should be good...You could always reply to the RFE very late, so that you exhaust 6 months and use another company's job offer letter...
 
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Banta4gc,
I did a good search on google with termination and I-485 keywords but I did not find any webpage that answers it authoritatively. Lawyer's websote also evade the quesion of termination and approval within 180 days. Do you have any such web-link? There's got to be poeple in similar situation.

>Check out FAQ's on the various lawyer website......the argument of >termination letter...usually applies to scenarios when GC is approved and >you get terminated within 2-3 months...
 
aos_wait said:
I am within a few weeks of getting fired from my job. I filed I-485 just 3 weeks ago. My employer says he will not revoke I-140.
---------------- that is good ,in the past employers were revoking I-140 so that they can use LC for some other person or sell the LC but now that option has gone . try to get I-485 filing reciept ( when USCIs sends it to lawyer)
If I can find some other job and I485 is not approved in 6 months, I will be able to use AC21.
------------------------YES
What happens if I485 is approved within 180 days?
----------------I dont think I-485 will get approved in 180 days if it get approved then ask the employer who filed I-140 if he has job for you or get a letter that he does not have job for you.
Can I do anything in that case to justify green card.
-----------get a letter that from employer that he does not have job for you , if he does not give letter send him fax that you want to join him, if no reply keep the evidence with you that you wanted to work with him
Click to expand...

--------- you did not post if I-140 is approved or not
 
Hi Members:
My case is similar
My employer sponsored I-140 (EB1B) is approved in December 2006. Concurrently filed I-485 is pending, currently using EAD.

I may change my job or get terminated in another 8-9 months. I can use AC21 and port my pending I-485 since my I-485 is pending > 180 days. However, while doing so I may find it difficult to get same or similar position with same job description or title and salary. Question is what to do if I do not get same or similar job titles? How much maximum gap I have to take new position in case I get terminated? My employer may not revoke approved I-140.

Recently, I do have submitted NIW and EB1A I-140s but not I-485s. Since visa number is current for these categories until August 17, 2007, I can file additional I-485s against NIW and EB1A. Is it worth filing additional I-485s? Can it give me any protection in case current job is terminated and not able to use AC21?

Appreciate your input. Thank you in advance.
 
Hi Ginnu/Gurus!
My I-140 has been approved. I also talked with a lawyer today about my situation, but he said that "if you are terminated now and your 485 gets approved after it within 180 days of filing 485, then you should not be able to keep it", as USCIS may consider it lack of intent. I explained that the employer is terminating me and that should not be held against me. Lawyer was sort of equivocal about the the situation. What you are saying seems to be different (even though very desirable and I wish you are right).
I am not being "laid off", I am being "fired" by my employer as he does not want me anymore (that happened due to complete demotivation due to horrible working conditions and exploitation by the employer. I have masters from a top 10 US univ and have done research work at quality organizations in CS in US, but this ethnic software bodyshopping sort of environment has been too horrible to bear). Does "firing" instead of "lay off" make any difference?
 
aos_wait said:
Hi Ginnu/Gurus!
My I-140 has been approved. I also talked with a lawyer today about my situation, but he said that "if you are terminated now and your 485 gets approved after it within 180 days of filing 485, then you should not be able to keep it", as USCIS may consider it lack of intent.
------------- whose Lack of Intent? you have the Intent to work with him AFTER I-485 approval . if employer does not have job for you then it is not your problem.

I explained that the employer is terminating me and that should not be held against me. Lawyer was sort of equivocal about the the situation. What you are saying seems to be different (even though very desirable and I wish you are right).
I am not being "laid off", I am being "fired" by my employer as he does not want me anymore (that happened due to complete demotivation due to horrible working conditions and exploitation by the employer. I have masters from a top 10 US univ and have done research work at quality organizations in CS in US, but this ethnic software bodyshopping sort of environment has been too horrible to bear). Does "firing" instead of "lay off" make any difference?
Click to expand...
----------------if GC gets approved and employer fires you or lay off it is it is employer problem. GC is for future job at the time of filing I-140 he inteded to keep you and at the time of I-485 filing you inteded to work with him after I-485 approval, if after I-485 approval employer does not have job then it is not your problem.
 
I too heard similar stuff but this is not what Ginnu says. Ginnu said that even if you are terminated within 180 days and get green card after being terminated within 180 days, it is ok even if your employer does not hire you back. He said somehting along the lines of, you could always say that you always had the "intent to work for the employer" but it was employer who terminated you. Probably Ginnu could explain it better to you and the procedure to do so.

>>huroger I heard that if employer will hire u back after you get GC, then you
are ok.
>>But if you is terminated winthin 180 after GC, then you are out.
 
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