Laid off before < 180 after filing I-485, Company is cancelling Greencard Process

K

kusumkamal

Registered Users (C)
It is < 180 days since company filed my I-485, Company laid me off and saying they will inform INS to cancel my Greencard

Anyone can please explain how can I save my greencard status. I have my I-140 approved, Got EAD and Fingerprint Complete
 
Your company has no say on your I-485. All they can do is to
withdraw the underlying I-140. But if BCIS takes more than 180 days to process your company's request to withdraw I-140, then you are prob. safe. All you can do at this point is to get a copy of your approved I-140 and LC, watch with your fingers crossed. But the silver lining is, normally BCIS takes more than 180 days to process any request so most prob. your I-485 is safe.
But in the mean time you could find a new job using your EAD, better if you can get the new company to process a H1. Make sure you also have your AP just in case you want to travel.

Hope you get your GC.

Balamani

Disclamier:
I'm not a lawyer, pl. consult one.
 
hi

I140 is approved, your company can not take it back
I485 is your application, company can not take it back either.

you are safe !!!

But try to get a new job using your EAD as soon as you can.

Consult a GOOD lawyer for further clarification.
 
1. According to AC21 June Memo the I-140 revocation will have no effect on your I-485.
(Search Goggle for the above MEMO) you can get your GC if you are working in same /similar job, try to get job immediately by H1 transfer or through EAD ( if you have)
2-. The employer can send the letter to revoke I-140 any time
3. Recently according to Sheela Murthy few cases of I-485 have been denied by NSC and CSC where the I-485 was pending more than 180 days and employer revoked I-140, she wrote that she has talked to INS HQ but we still do not know the out come (you can go to Murthy .com and check her Forum and go to AC21 or read her 4-5 latest bulletin, I think she wrote 5 weeks back (please check it)

Still no final regulations for AC21
 
140/485 conc - <180 days -company shutdn

mine is some what similar case. my company shutdwon 2 months into filing for 140/485 conc. today i got ead.

i have otehr offers who are willing to file h1 transfer now. i am already past 30 period.

what r my options.

ks
 
I am not sure in your case, In most of the cases I have seen that they has completed almost 4 to 5 monts after they have filed I-140/485 under such case you can go to another employer after 6 months from the date of filing I-140/485 because according to new AC-21 rule you can join another employer after 6 months from the date of filing I-485. In your case I would suggest you can work with a new employer with the EAD because you are eligible to work for any employer. INS sould not send any query regarding your current employment otherwise It will be difficult for you because you have still not completed 6 months. I would suggest work with the new employer and wait for the 6 months, once you complete your 6 months then send a letter to the INS for your new job. So you are safe as long as you don't get any query from INS for atleast till you complete your 6 months from the date of filing I-485. So after completion of 6 months, you can officially work on EAD for any employer and you don't need visa also. I would suggest get a good lawyer.

All the best
 
hi

the new company is ready to do h1 transfer?
do i have to ask them to do a concurrent h1 or a fresh h1 transfer?

if i get new h1 now will that trigger issues later. is ead the best choice?

ks
 
The best option would be you can get an H1 transfer with a new employer till you complete your six months from the date of filing your I-485. So it will be considered as a valid status. Once you complete your six months from the date of filing your I-485 you can work on your EAD however at that time you will have to send a letter to INS saying that you are currently working with new employer as far as to maintain your green card status to show that you have a job with new employer provided your old employer do not cancel your I-140. If your old employer cancels your I-140 then you will not be able to maintain your greencard status and under such case your EAD also will be invalid under such case you will have to start all over again as far as greencard is concerned. So you can work with your new employer through H1 transfer and once you complete your 6 months from filing I-1485 you have to maintain your Greencard status through AC21 rule as well as provided your I-140 is valid.
 
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