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Laid off < 180 days
- Thread starter gsingh72
- Start date
Singh saheb!!
If I-485 has been filed and a person is laid off after 1 month.
EAD, AP all filed but pending and not yet approved.
-------- If the employer is ready to cooperate and does not revoke I-140 for 6-7 months and replies to RFE if any for I-140 you may be able to use AC21 (you have to fulfill other conditions like same/similar job with new employer) Request tour employer not to revoke I-140 and negotiate with him, if your employer has no history of I-140 revoking or don’t care then also request them
And the company terminates the H1-B visa. What are the implications?
---- H1B revocation has nothing to do with I-140 and I-485 (that is your petition) and GC is for future job.
*** Best option for you is to find new job ASAP and join new employer with H1 transfer and file new LC through new employer as back up.
If I-485 has been filed and a person is laid off after 1 month.
EAD, AP all filed but pending and not yet approved.
-------- If the employer is ready to cooperate and does not revoke I-140 for 6-7 months and replies to RFE if any for I-140 you may be able to use AC21 (you have to fulfill other conditions like same/similar job with new employer) Request tour employer not to revoke I-140 and negotiate with him, if your employer has no history of I-140 revoking or don’t care then also request them
And the company terminates the H1-B visa. What are the implications?
---- H1B revocation has nothing to do with I-140 and I-485 (that is your petition) and GC is for future job.
*** Best option for you is to find new job ASAP and join new employer with H1 transfer and file new LC through new employer as back up.
There was thread started by LongGC. his 485 was denied just because his company informed BCIS about layoff. Eventhough his company didnt revoke I-140, BCIS denied 485.
That means, even if company didnt revoke I-140, there is possibility of denial...if BCIS comes to know about layoff...
That means, even if company didnt revoke I-140, there is possibility of denial...if BCIS comes to know about layoff...
find a new employer fast. Since GC is for future employment - INS doesn't care as long as you can prove that a valid future job exists. Also you should not go out of status even for a day.
Once your I485 is filed you are adjusting status and you really do not need a visa to keep your stay legal - your AOS application takes care of that. To work you either need to continue on your H1 or have an EAD. Since you do not have an EAD as yet - you will need to transfer your H1 to be able to continue working.
If you do change your company before 180 days then you may not want to send your AC21 letter immediately. Consult your attorney on how to handle the timing. May lawyers advice that even if you change your company - send a notice to INS only when you get an RFE - and respond with documents from your new employer. Please confirm the same.
Good luck - I hope you will be able to manage your issues.
Once your I485 is filed you are adjusting status and you really do not need a visa to keep your stay legal - your AOS application takes care of that. To work you either need to continue on your H1 or have an EAD. Since you do not have an EAD as yet - you will need to transfer your H1 to be able to continue working.
If you do change your company before 180 days then you may not want to send your AC21 letter immediately. Consult your attorney on how to handle the timing. May lawyers advice that even if you change your company - send a notice to INS only when you get an RFE - and respond with documents from your new employer. Please confirm the same.
Good luck - I hope you will be able to manage your issues.