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

[pleasehelpout]

Thanks! I feel very encouraged by all the info I got here. It is quite helpful!

 

[rajoid]

follow up

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.

Thanks for this. Does it help that I am still technically still employed by my old employer as I am under the severance period and receiving a pay check from them. do i still need a letter of employment?

my 180 days pass on may 27th. what happens if I reach that date and still dont have a job?

thanks!

 

[Jackolantern]

Thanks for this. Does it help that I am still technically still employed by my old employer as I am under the severance period and receiving a pay check from them.

No, that doesn't help. You need a job or job offer that is reasonably expected to exist when your green card is approved. So even if you were still physically going to work now, the fact that they've given you notice of your job being terminated means you no longer can use that job to qualify for your employment-based green card.

my 180 days pass on may 27th. what happens if I reach that date and still dont have a job?

If the employer revokes your I-140 before the 180 days, your I-485 would get rejected regardless of whether you have a job or not. But if they haven't disturbed the I-140, you are still OK unless USCIS sends an RFE to inquire about your job status. Then you would need to find another job before the deadline to respond to the RFE.

 

[ginnu]

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.

what do you mean by "my 180 days pass on may 27th" posted in other post by you? if your I-485 was not pending more than 180 days and I-140 was not approved then how did you invoke AC21??.
** if you mean I-140 approval to hit 180 days then it is not needed. you only need I-485 pending more than 180 days And I-140 approved to invoke AC 21 with new employer job offer letter.

 

[Jackolantern]

what do you mean by "my 180 days pass on may 27th" posted in other post by you?

It was a different poster (rajoid) who mentioned the "180 days pass on may 27th".

 

[pleasehelpout]

urgent help !!!
Just got laid-off a week ago and got employment specific RFE today. haven't got new job interview yet, what do I need to do ?

Maybe interlink with my hudsband's I485 is the only option now. the RFE deadline is 4/26/09.

1. submit all of the evidence requested
2. submit some or none of the evidence requested and ask for a decision based upon the record;
3. withdraw the application or petition.

You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, you proffered position(if different from your current one), the date you began employment and the offered salary or wage. The letter should be in the original and signed by an excutive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition ( or labor certification) continue to exist.

 

[Jackolantern]

Wow, what a brutal employer. They laid you off and couldn't even give you a month before they told USCIS to revoke the I-140. Unless USCIS initiated the RFE on their own due to the company having highly publicized layoffs.

Interfiling is a little tricky and you need to make sure you understand it well or get professional help. Google around for "I-485 interfiling" and consider consulting an attorney.