Laid off before 180 days of I485 processing on L1

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kernow73

New Member
Hi -

I'm new to these boards, so please bear with me! I'm waiting for my I485 to be approved by Neb USCIS. I'm about 7 weeks away from the 180 portability date.

I have a feeling that I am about to be laid off. Basically, if it's not my fault (I'm a good employee, company can't present me with a continuation of employment), am I going to be OK?

The question is what's next if I want to remain working in the USA?

I have an L1 visa, and my I485 is filed in the EB1c (Exec Mgr) category. I've read (as you would expect) so many conflicting views about my options. Can the company withdraw their sponsorship of the I140?

I have Advance Parole and an EAD. My I140 was approved in Nov 2006.

Thanks to whoever answers in advance!
 
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Laid off before 180 days. What I need to do?

I am new to these forums and find you guys are great.
In July 07, we filed for I 485 based on pending I 140 with RD 30th Jan 07. I may be laid off, due to company downsizing, effective Oct 07 i.e. 90 days after filing. Given my PD of Apr 04 and India, I do not expect USCIS will process my I 485 over the 180 days (till Jan 08). I also am unsure when exactly the I485 Receipt will be issued by the USCIS although FedEx has delievered I 485 in July 07. I do not yet have EAD etc and it is unclear when that will come. My H1B is stamped in the passport and is valid till 2010.

Given the above, what do I need to do:
a) Find another job immediately starting Nov 07 or it is not necessary from GC perspective? Can I use the current H1/ I140/PD for the new employer or do I need to apply for another visa?
b) Stay unemployed till 180 days are over and then start another job with another visa? In that case, can I go to India and reneter USA on existing H1 (but no job)? Will being unemployed for a few months before I 485 adjucation pose a future processing problem?
c) My employer has filed for my all legal paper work, and teh lawyer is good. If laid off, I can retain the same lawyer or is it better to chnage lawyer anyway....what is advisable?

EB3; India
Perm LC AD: July 05; I 140 AD: Nov 05
RIR LC AD: Apr 04; Pending I 140 Jan 07 (Nebraska).....it is this pending I 485 we have used to appy for I 1485.
 
kernow73 - if your employer decides to lay you off and is hellbent on harassing you by revoking your I-140 Approval, before the 180 days from 485 RD...you may be screwed then...
Your employer has every right to revoke your I-140 and they can jeopardize your GC process...If so, then you might have to start your GC again....

I am not sure, when it comes to USCIS - I guess I-140 revoking process may take 1 week to 2 months...who knows! So, if it takes longer, you may be covered by the 180 day counter lapse....under AC21


But, if your employer does not plan to revoke your I140 - you should be fine....Remember GC is always requested for a future job (upon approval of GC)...In the meantime, you can look for a same/similar job and claim that you changed your intent to join upon GC approval from company A to Company B
 
cricket100....

Ur only trouble is - if employer intends to revoke I140 approval before the 180 day clock from 485 RD is up....then you may have to start your GC process from scratch...



> a) Find another job immediately starting Nov 07 or it is not necessary from > GC perspective? Can I use the current H1/ I140/PD for the new employer or > do I need to apply for another visa?

Find a new same/similar job and apply for H1B transfer....and stay quiet until 180 day clock is up...as soon as it's up, you can easily claim I-140 portability under AC21 and change your intent to join upon GC approval from Company A to Company B (new company that you joined)

You may be in slight trouble...if USCIS issues you an RFE for Employement Verification Letter in the first 180 days itself....Luckily, in the old timesystem, one gets 90 days to reply to the RFE....not sure now though!

b) Stay unemployed till 180 days are over and then start another job with another visa? In that case, can I go to India and reneter USA on existing H1 (but no job)? Will being unemployed for a few months before I 485 adjucation pose a future processing problem?

Hee Hee - NO WAY!
c) My employer has filed for my all legal paper work, and teh lawyer is good. If laid off, I can retain the same lawyer or is it better to chnage lawyer anyway....what is advisable?

Always advisable to switch lawyers....
 
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