laid off before 180 days, options? --- Urgent, pls help!!!

no pay or new job?

Thank you for your explanation, Jim.

I have another question, which probably is another gray area.
Assuming I can talk my sponsoring company to keep me till the end of 180 days without pay, will that help me any? Or shall I jump to a new company if I have a chance right now? I do not expect that INS will get to my case in 6 months.

Thanks

Jay
 
I\'d go to the new company and hope things work out

I don\'t see how being "employed" without pay will help. I could be wrong though. As long as you are not with CSC and the employer does not cancel the underlying I-140 I don\'t see any practical difference and it would be better to be working with pay. Just make sure that the job is "similar".

Jim
 
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Am I right on this assumption - If you take up job with some other company before 180 days have completed and INS never calls you for
interview but approves your case then all you need to do is got to the INS office and get your green card stamped on your passport.

You are required to show paystubs, letter from past & new employer, etc only if you are called for interview or INS checks with your company to see if you are still employed with them - is this assumption right.
 
Yes, and I\'ve seen few people

on this board who have already changed employer before their 485 approval. It is not absolutely required to inform INS about change in employemnt without being asked.
 
Your assumption is probably correct

INS has said that you "should" inform INS of the change of employment. Should is a long way from "must" but what that means is anyone\'s guess. Since there are no regulations to implement AC21, it is not possible to be certain of anything and INS can change course and procedures any time and without notice. Nothing is certain about AC21 right now. I have my own opinions (be careful with anything about AC21 since nothing is set and use the old rules if possible) but my opinion is no more valid than anyone else\'s at this point.

Jim
 
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thanks for your input.The reason I brought this up was because a friend of mine who was with Mastech left them and went back to India
Mastech continued with his green card process and recently I heard that his green card was approved. All he needs to do is get back into the country and get it stamped at INS office
 
Your friend will need some employer in a "similar" position

or he may have trouble in the future. Hopefully, Mastech will agree to rehire him, at least for a short period.

Jim
 
SOS: Are any of you familiar with Acqusitions within 180 days of filing of I-485

Hi folks,
  Most of you have covered the case of Layoffs within 180 days. Is any of you familiar with cases involving Acquisition within the 180 day period.
  I am in that boat. I filed for I-485 in September. A part of our company is getting acquired soon. It is obviously less than 180 days since I filed I-485. I am trying to find if anybody was in a similar situation and their experiences.
  I am trying to see what my best option would be?
Thanks.
 
acquisition in <180 days

You have two options:

1. How the parent co. has been acquired. If it is just a part of it, how will the liabilities be assumed? (this is anotehr gray area, so need to clarify with the co. lawyer). If the liabilities (in whatever terms INS sees that) are also covered, your case may be fine. aLL YOU WILL NEED IS TO AMEND THE 140. IF not, you may have to start the GC process all over again.

2. Assuming you have to start all over again, if 180 days pass to 485, you may use the new co.\'s employment letter to continue GC. Considering the co. was acquired, this should not become a big problem as the job is the same.
 
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Jay:

I have very silimar situation as you, just filed I485 and will be laid off within 180 days. Can you let me know how you do it? email: qlai21@yahoo.com.

I heard it is legal you have more than two H1B visa, right? If the old company didn\'t inform INS for the terminate employment relationship, the I485 process still can be continued. Correct me!

Thanks
 
I am also in the same boat

Hi,
Please let me also know the solutions. I applied for my 485 this month 12/01 along with EAD and AP.

will be laid off from 01/15/02, and the employer told me he will not going to withdraw H1 or 140

so, i am confused what i can do next, among all wife is in INDIA for delivery. 485 was filed only for me. she doesnt have a H4 stamped in her passport neither I have a H1 stamped. but have valid I-94 and approvals

please email me at dprajan@yahoo.com about your suggestions
 
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