Just got laid-off in bad job market, with 485 pending

[pleasehelpout]

urgent help, got employment specific RFE !! Just got laid-off in bad job market, with 485 pending.

I was working for a financial company and just got laid off. My I-140 was approved in 2006 and I-485(EB2) was submitted in july 2007. Currently I am on H-1B. I also had EAD and AP approved.

My husband immigration status is similar to me but we filed seperately before we got married last year. Since the job market is pretty bad now, besides finding another similar job, what other options we have?

1. can I link my pending 485 case to my husband's pending 485? Both of our cases are not current, do I have to wait my husband's 485 become current?
2. can I re-file I-485 as a dependent when my husband's 485 is not current ?
3. .......

your advice is very much appreciated.

thanks

 

[ginnu]

I was working for a financial company and just got laid off. My I-140 was approved in 2006 and I-485(EB2) was submitted in july 2007. Currently I am on H-1B. I also had EAD and AP approved.

My husband immigration status is similar to me but we filed seperately before we got married last year. Since the job market is pretty bad now, besides finding another similar job, what other options we have?

1. can I link my pending 485 case to my husband's pending 485? Both of our cases are not current, do I have to wait my husband's 485 become current?
2. can I re-file I-485 as a dependent when my husband's 485 is not current ?
3. .......

your advice is very much appreciated.

thanks

you are eligible for AC21 you can find new job with EAD or H1 transfer and once get job with same/similar job duties invoke AC21 with your Pending I-485.

You did not post enough info:
Your employer filed LC for you then I-140 that got approved and your I-485 is pending. what is your PD? your country of birth?

did your husband also EB2 I-485 pending?
Did you file derivative I-485 (second I-485) with your husband?
Did your husband also filed dervative I-485 with your I-485? his info EB3 or EB2?

 

[pleasehelpout]

thanks a lot for the reply !

my PD is Jan. 2006 and born in China.
my husband also EB2 I485 pending with PD Oct. 2005.
I didn't file derivative I485 with my husband's 485 and he didn't file deriviative I485 with mine. He is also born in china.

 

[rajoid]

I am in a similar situation: got laid off and am under the severance period which expires in June. Have received my I140, EAD and Advanced Parole. I am current (PD: Feb 23, 2003). I am of Indian origin and am under EB2.

Would appreciate if anyone can tell me 1) how soon should I expect to received the finger printing appointment and 2) how much time does it take for the I485 to be approved if one is current?

Thanks!

 

[immi_mygc]

I am in a similar situation: got laid off and am under the severance period which expires in June. Have received my I140, EAD and Advanced Parole. I am current (PD: Feb 23, 2003). I am of Indian origin and am under EB2.

Would appreciate if anyone can tell me 1) how soon should I expect to received the finger printing appointment and 2) how much time does it take for the I485 to be approved if one is current?

Thanks!

First thing you should worry to find another job asap. As your date is current you may be asked for employment letter. If you are 180 days passed your I485 filing & I140 is approved you can use AC21.

 

[ginnu]

thanks a lot for the reply !

my PD is Jan. 2006 and born in China.
my husband also EB2 I485 pending with PD Oct. 2005.
I didn't file derivative I485 with my husband's 485 and he didn't file deriviative I485 with mine. He is also born in china.

Your husband PD is Oct. 2005 and his I-485 will be picked up before your I-485. You can file second derivative I-485 if his PD is current(write yoor A# on second I-485 form) OR can write to USCIS to interlink your primary I-485 receipt#.... as derivative with your husband I-485 receipt#.... ..
*** I will file second derivative I-485 so that USCIS can find your I-485 in your husband I-485 file and will also keep Primary I-485 pending.
If you have lawyers talk to him.

 

[pleasehelpout]

can I can write to USCIS to interlink my primary I-485 receipt#.... as derivative with your husband I-485 receipt#.... ..
while my husband's I485 is not current ?

 

[ginnu]

can I can write to USCIS to interlink my primary I-485 receipt#.... as derivative with your husband I-485 receipt#.... ..
-----------------------------Why with my wife or Husband I-485? We don’t have any I-485 pending
while my husband's I485 is not current ?

------------------one can request to Interfile while I-485 is pending or PD is current or not current. your mail goes to USCIS mail room without Fee and USCIS may or may not interfile your I-485 with your spouse I-485.Your or your spouse company lawyer can help you and can draft a cover letter.

** the problem is if due to any reason your hasband I-485 approval has any problem then your I-485 that you want to interlink as dervative will also have problems.

*****That is the reason I said file second derivative I-485 so that USCIS can find your derivative I-485 in your husband I-485 file and also keep your Primary I-485 pending.
** for more info talk to your lawyer.

 

[pleasehelpout]

Hi ginnu, I am new to this board and I find you very knowledgable, even more so than the lawyer that the company hired.

One more question. My husband's I485 is pending at TSC and my 485 is pending at NSC. Do you think different service centers will cause troubles to interfile or second derivative I485 filing ? In the case of interfile, where the letter should be sent ? I guess in the case of second derivative I485 filing, documents will need to send to TSC, is it correct ?

thanks a lot !

 

[ginnu]

Hi ginnu, I am new to this board and I find you very knowledgable, even more so than the lawyer that the company hired.

One more question. My husband's I485 is pending at TSC and my 485 is pending at NSC.
Do you think different service centers will cause troubles to interfile or second derivative I485 filing ?
-------may be
In the case of interfile, where the letter should be sent ?
-----------------NSC to address (I-485 filing address)
I guess in the case of second derivative I485 filing, documents will need to send to TSC, is it correct ?
-------------------Correct
thanks a lot !

---------------------- I prefer to file second derivative I-485(write your A# on second I-485) and will not request interfile and you will have both the options open. if your husband I-485 gets approved your derivative will I-485 get approved same day and any pending I-485 will be denied when they pick up the file and discover with A# that your other I-485 got approved as one cant get two I-485 approved.

 

[pleasehelpout]

thanks for your reply ! My husband's company's attorney suggests to do the steps below, I think that's equivalent to inter-file. Many people got RFE recently from NSC. If I got RFE specifically related to my employment, I can't wait to re-file second derivative I485 when my husband's PD becomes current. what do you think ?

write to USCIS to provide them an “alternate basis of approval for my I-485.”
attach a copy of my I-797 for my I-485 to locate my case.
attach a copy of marriage certificate.
attach a copy of the approval notice (I-797) of my husband’s I-140, so my husband's I-140 is the alternate basis for approval of my I-485 application.

 

[ginnu]

thanks for your reply ! My husband's company's attorney suggests to do the steps below, I think that's equivalent to inter-file.
Many people got RFE recently from NSC. If I got RFE specifically related to my employment, I can't wait to re-file second derivative I485 when my husband's PD becomes current. what do you think ?
--------------------- if you get RFE then USCIS gives you time to reply. send the RFE reply. why are you scared of RFE? RFE is for any missing document or for more info if USCIS need from you. You CAN file second dervative I-485 when your husband PD is current.
write to USCIS to provide them an “alternate basis of approval for my I-485.”
attach a copy of my I-797 for my I-485 to locate my case.
---------------------- why they need to locate the case when you know your case is with NSC. dio the NSC say they cant locate your I-485?
attach a copy of marriage certificate.
---------------copy of marriage certificate is needed if you file I-485 and you are married.
attach a copy of the approval notice (I-797) of my husband’s I-140, so my husband's I-140 is the alternate basis for approval of my I-485 application.

I dont know what your lawyer is saying. Go to other good lawyer pay the fees and get advice according to your situation.

 

[pleasehelpout]

thanks much, ginnu ! I keep your advice in mind.
why are you scared of RFE? because I just got laidoff and scared of any employment related RFE specifically asking for my current employment status.

NCS didn't say they can't find my I485. we haven't sent any request to NSC yet. a copy of my I-797 for my I-485 is as supporting documents for interfile.

we got married after we have filed I485 individually. So marriage certificate was not attached in I485 application.

 

[Jackolantern]

The first option should be to try to find another "same or similar" job and use AC21, without doing any interfiling. That would keep both of your I-485s independently alive, so if something goes wrong with one case the other one is still active. Whereas if you became a dependent of your husband's case, a denial would mess up both of you.

Do you think the employer will tell USCIS to revoke the I-140? If they don't do that, it is highly unlikely that USCIS will send an employment-related RFE unless you relocate to a place that is far from the originally listed place of employment. So as long as your I-140 is not revoked, you can use the next several months to look for a job.

 

[pleasehelpout]

Whereas if you became a dependent of your husband's case, a denial would mess up both of you.
Would a denial of my case cause denial of my husband's I485 and also a denial of my husband's case can lead to denial of my case ? so interfile works when both cases are good. If one of the case got denied, the other might be caused trouble. ???

I don't think the employer will tell USCIS to revoke the I140. But the company that I just got laidoff from was not the original GC sponsor. The original GC sponsor laid me off after my I485 pending for more than 180 days. Soon I found this job(which I lost this week) and filed AC21 in Jul. 2008. Since I have submitted one AC21 before, I am a little afraid of the employment status related RFE.

 

[ginnu]

Whereas if you became a dependent of your husband's case, a denial would mess up both of you.
------------- He is trying to say that if your husband'sI-485 gets denied and you have ONLY dervative I-485 pending then both will be denied . Best option for you is to file derivative I-485 and also keep your Primary I-485 pending.

Would a denial of my case cause denial of my husband's I485
------------------If your Primary I-485 gets denied then why it will cause denial of your husband's I485?
and also a denial of my husband's case can lead to denial of my case ?
------------------No, if you keep your primary I-485 pending.

I don't think the employer will tell USCIS to revoke the I140. But the company that I just got laidoff from was not the original GC sponsor.

The original GC sponsor laid me off after my I485 pending for more than 180 days.
-------------------If you have I-140 approved and I-485 pending more than 180 days then you are eligible for AC21 and can join new employer with H1 transfer or with EAD.
Soon I found this job(which I lost this week) and filed AC21 in Jul. 2008. Since I have submitted one AC21 before, I am a little afraid of the employment status related RFE.
-----------------join new employer and again send New employer letter to invoke AC21 with your primary pending I-485.

----------

 

[ginnu]

thanks much, ginnu ! I keep your advice in mind.
why are you scared of RFE?
because I just got laidoff and scared of any employment related RFE specifically asking for my current employment status.
------------------------Find job ASAP and if eligible for AC21 then invoke AC21 by sending new employer job offer. FYI the USCIS will send RFE only when they pick up your file when your PD is current.

we got married after we have filed I485 individually. So marriage certificate was not attached in I485 application.
**** If you file derivative I-485 based on marriage then you need to attach the copy of marriage certificate.

----------

 

[pleasehelpout]

thank you so much, ginnu ! I am actively looking for new employer. However, in this job market, especially I am in area of financial industry, I am not so sure if I can find same/similar position very soon ... I have to keep trying.

 

[Jackolantern]

I don't think the employer will tell USCIS to revoke the I140. But the company that I just got laidoff from was not the original GC sponsor. The original GC sponsor laid me off after my I485 pending for more than 180 days. Soon I found this job(which I lost this week) and filed AC21 in Jul. 2008. Since I have submitted one AC21 before, I am a little afraid of the employment status related RFE.

It is unlikely you will get an employment-based RFE in the near future. The employer who just laid you off has no authority to request USCIS to revoke the I-140, and the original employer would have already done that if they wanted to.

When your PD is current again and they're ready to decide your case, they might send RFE to check if you're still with the employer that you switched to back in July 2008, but your PD is not likely to become current anytime soon.

Best option for you is to file derivative I-485 and also keep your Primary I-485 pending.

Which would be ideal if it could be done, but at this time it is not doable because to file that second I-485 as a derivative would require the husband's PD to be current, which it is not (yet).

 

[Jackolantern]

If your I-485 gets denied and you don't have a derivative I-485 tied to your husband's I-485, it's still not the end of the world as long as your husband can keep his job. If his PD is not current at the time of your denial, you would have to leave the country, but you would be eligible to obtain a green card via consular processing using follow-to-join as a dependent of your husband.