laid off after 180 days of I485 filing...

C

chaloopa

Registered Users (C)
COuntry: Other
EB3
RD 5/1/00
ND 6/6/00
FP 1/13/01
Yellow form submitted with emplyment letter on 02/13/01
Laid off on March 16, 01
New job started in the same category Apr 18, 01

Hi,
I have a question regarding this matter. I got laid off after 180days of I485 filing:

1. Should I redo I40 with the new company? Or should I wait for INS
to process my application and see what takes place after that?
I seriously doubt that my x-company let INS know about my lay off.
 
No Title

I guess you should just wait for couple of months and see what INS does to your application. My gut feeling is that INS will approve your application in next couple of months and everything will be fine.
Good Luck.
-ps
 
No Title

ps1999,
how would you say that, do you have any basis that you could elaborate on that.
i am just questionning because after approval he/she has to be on the payroll of that company, right? so, how anyone can manage that becaue he was already laid off?
 
No Title

Possible, since by the grace of the new law, chaloopa would have had served the required 180 days.
 
No Title

You definitely don\'t have to refile 140. Worst case you get an RFE about employer verification and you can submit detailed information proving that the new company you are working for is in the same job classification as the original company. You should be fine as long as you got a job that was similar to the original one. Best case scenario, you are so close to approval and if your application is complete, you should get the GC without any trouble.
 
No Title

Couple of points:
- I heard that if the person did not quit voluntarily, but due to changes in economic conditions, if the company lays off the employee, INS may not hold it against the applicant as the applicant has no control over the situation.
- And, as per the rules, GC is for a future job. So if the company can give a letter stating that it\'s willing to hire the employee in future, may be that might help.

My 2 cents, needless to say, these are just my personal thoughts.. Good Luck
 
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