Laid off after I140 OR approval, before I485 filing

[PhDchemist]

Hi all,

I just found out that I am going to be laid off in a week or two. I got I140 outstanding researcher petition approved a month ago and lawyer is preparing a file to submit I485. I am still on H1-B visa and will probably have 4-6 weeks of severance pay. Any recommendations how to proceed with my case without having to start all over GC process. Any comment is greatly appreciated.

 

[or1or2]

Submit your 485 right away with EAD and AP applications. Also, look for employment which can file an H-1 for you and write you letter, if needed, saying that your new job responsibilities are nearly identical to your previous one.

 

[gcusa99]

Hi all,

I just found out that I am going to be laid off in a week or two. I got I140 outstanding researcher petition approved a month ago and lawyer is preparing a file to submit I485. I am still on H1-B visa and will probably have 4-6 weeks of severance pay. Any recommendations how to proceed with my case without having to start all over GC process. Any comment is greatly appreciated.

You may do as suggested or1or2. If your employer is not going to withdraw I-140, you may submit I485 with AP and EAD applications. You may negotiate with your employer regarding feasibility of working with low pay or any other favorable terms for six months. If the employer intend to withdraw your application, it is not a good idea to submit I-485 applicaiton. It is a real pain when you start all over GC process. Good luck!