laid off after 180 days of 485 pending

H

hqusa

Registered Users (C)
Friends,

I got laid off becuase of lack of work after 180 days of 485 pending, the company would cancel my H1 and 140.

May I use my EAD work in the same company part time
to ask the comany keep 140? Is this affect 485 approval?
or is this leagl for the company?


Thanks!
 
I got laid off becuase of lack of work after 180 days of 485 pending, the company would cancel my H1 and 140.

May I use my EAD work in the same company part time
to ask the comany keep 140? Is this affect 485 approval?
or is this leagl for the company?
1. you should find new job in similar/same skills.
2.you can use EAD for par time but you should have full time job with new employer to eligible for GC
3. if the company can keep the I-40 is is good if they try to revoke then also no problem if you find new job, 180 days croosed after filing I-485 your I-140 will not be revoked
read below:
You are safe as your I-485 has been pending more than 180 days
you can change job with EAD or H1 transfer, job should be in same/similar position

now your employer can not revoke I-140 even if he sends letter according to INS june 2001 Memo " I-40 shal remain valid after 180 days read the INS Memo:
http://www.ins.gov/graphics/lawsreg...k/ac21guide.pdf
before leaving try to get Copy of I-140 , copy of I-485 and LC, it will be good to keep them with you and from LC copy new lawyer can match your skills for new letter from the new employer when you submit it to INS about intent change/employer change.
 
Thanks Ginnu!

1. I'm in Chicago, may I go to NJ for the new job using EAD?

2. If I still work in the same company part time using EAD, is there any problem for 485 approval?
 
1. I'm in Chicago, may I go to NJ for the new job using EAD?
YES any where in US
2. If I still work in the same company part time using EAD, is there any problem for 485 approval?
** the job should be full time for GC, if you have full time job in similar /same skills with X you can do any kind of part time job by using EAD with Y
If you move update your address with INS and talk to good lawyer
 
hqusa

Your case is pretty much simple. An employer will loose control over I-140 if 180 days has passed on I-485. So, don't worry about I-140 cancellation. Keep a copy of your I-140 approval in your files. All you have to worry about is a new permanent job offer with same job description and salary as close as possible to the one mentioned in original LC. That's all. Regarding location, you can use your EAD anywhere in US. The new employer's location (not client's location if it is a consulting company) will be your new job location and the salary should be the minimum for your job title for that area.
 
still have question

Thanks gcard2002!

Since I submited my I-485 through my company's lawyer, I'm even worry about the company's lawyer cancel the I-485 due to my layoff. Is that possible?

If I move to diffirent INS region center for the new job, do I need to transfer my I-485 to that center? or just wait for origial INS center for the decision?

Thanks!
 
hqusa,

Sorry to hear your story. The first thing you need to do is find a new job. Without a new job, you cannot claim AC21 because you don't have anywhere to port your I-140 to. If you don't have a job at the time of RFE, you can still be denied.

I suspect you might get an intent to deny because of your employer's revocation. If you do get that, you need to respond with a new job.

While 180 days is a good milestone in your GC process, you still need a job to be 100% safe.

BTW, your company lawyer can't revoke your I-485. They can only revoke I-140. Also, it will make your life easier if you have your own lawyer at this point.

Good luck!
 
Abt 180 day portability?

Guys, Have a question abt this 180 day portability.
Suppose that I file concurrently on 9/1/2002 for 140/485
My 140 got approved on 1/1/2003, my 180 days clock will tick on 3/1/2003.
I understand that employer cannt revoke 140 if 180 days have passed.
Since my 140 is approved on 1/1/2003, if the employer wants to revoke my 140, does 180 days count from approval of 140 or filing of 485?
In short, if you take my dates above into consideration, when will my employer loose his power over revoking my 140?
I have an offer with another company B with similar job conditions. They are offering 30% more salary than what I am getting now and what was placed on LC. Can I take that job with that much salary difference after my 180 days of 485 filing is over?
Thanks,
 
A Job Offer After 180 Days

Hi,

If one get a job offer from new company after 180 days, before starting work got the RFE. What will happen if one uses the offer letter only to reply RFE? Or in other words one has to work for new company before I-485 approval. I am a bit confused since it was said that GC is for future job. Based on the discussion here it seems a job is necessary. Offer letter may not be enough, is this true? Thanks.
 
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