Just got laid off...Need help!

[scottf]

I just got laid off after Christmas. My I-140 was approved in 02. My I-485 was filed in Oct 02 at TSC. I have not heard anything from TSC ever since.

1. I have been with my employer for 3 years. While I was on my Christmas vacation, I was laid off without any serverance. My unfinished vacation was converted into money compensation (only 2/3 of unfinished vacation time). My employment was a full time at-will employment. Is it legal for my boss to lay me off without serverance?

2. Do I have to find a new full-time job in order to continue the I-485 process? How about contract or self-employed work? Having my own firm?

3. During the I-485 interview, do the immigration officers ask for W2 or pay-stub?

4. I heard of AC-140. Does Hong Kong consulate accept that route? What is involved in that process? How long does it take? I have at least 1.5 years in the I-485 queue. Is it a good idea for me to switch now?

Thanks for your inputs.

Scott

 

[kd1403]

Sorry to hear about your layoff...

1. Is it legal for my boss to lay me off without serverance?
Answer: If there was a severance clause in yoru employment agreement then it is illegal to layoff without severance pay. Check your employment agreement!

2. Do I have to find a new full-time job in order to continue the I-485 process? How about contract or self-employed work? Having my own firm?
Answer: Preferrably full time job on your EAD. Self employment may not be an option. Check with attorneys!

3. During the I-485 interview, do the immigration officers ask for W2 or pay-stub?
Answer: More than likely yes! W-2 and tax transcripts for last 3 years.

4. I heard of AC-140. Does Hong Kong consulate accept that route? What is involved in that process? How long does it take? I have at least 1.5 years in the I-485 queue. Is it a good idea for me to switch now?
Answerr: YEs HK accepts AC I-140.
AC I-140 process: http://www.immihelp.com/gc/consular/ac140.html
http://imminfo.com/Knowledgebase/FAQs/ACI140.html

Roughly takes about 6 months in HK from the time of filing AC I-140 papers with your consulate in HK.

Whether you should switch is a decision for you to make. Not knowing the details of your case i would recommend continuing with your 485 bcoz you have spent quiet some time on it and should be expecting gc approval in the next 9-12 months!