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

J

jayjayjay

Registered Users (C)
Hi,

3 months into i-485. Got laid off.

I am thinking of the following options:

1. Wait another 3 months and find a job after that using EAD. ( assuming I will get it at that time).
2. Wait another 3 months and find a job after that using H1. This way is safer, but I will not be able to provide the pay stubs for H1 transfer.
3. Find a job right now using H1. This is the safest way, but I am afraid that INS will notice that 180 days has not been passed and may reject my I-485.
4. Find a job right after I get EAD. This is risky because if my EAD is rejected, then I have to leave the country.

could you guys please give me some advise?

Besides, is it possible to convert from EAD status to h1 status, what docs needed if you know?

Thanks

Jay
 
Apply for EAD ASAP!

Make sure your old employer is not planning to revoke your I-140. You\'ve described your options very nicely so now consult to an immi. lawyer in this senario. In any case you\'ll need another job, try to get a similar one (and the one where they are ready to process your GC if required), becaused most probably you will be end up using AC21. Hire a lawyer who has used AC21 for his/her clients and the one who holds some optimistic and liberal views about AC21. I personally dont know anybody but I am sure you \'ll find one.
 
waiting game

Why do you want to wait for 3 mos. to join the new co. on EAD? Unless you are going to get paystubs (which will not be the case as you said), the wait is not going to help you prove that you stayed with the old co. for six mos. Unless you are under CSC, you should be fine with the new co. using AC21 (assuming you know the same job desc etc.).

Also, if you are trying to go on H-1, it makes sense to apply ASAP so that the paystubs show the current dates and less chances of denial. It will be up to you then either to join the new co. using H-1 or EAD.

I could not understand your option #3. H-1 has nothing to do with 485. And there is no way to reject 485 based on your H-1 application.

Same with 4, the EAD usually is not rejected, you may mean 485 rejection, but that is a long shot since you just applied.

so the best bet is use EAD or H-1 and start a new job ASAP - not to waste time or money. Hopefully it will take more than six months for 485. Use the letter from the new co. for 485 approval. All the best ...
 
thx for your response, more questions

Thank you for your quick response, Bholaram and SRJ007.

I already applied EAD, but have not received it yet. Does this make my status illegal?

The dilemma I got into is that if I use EAD, then if my I-485 got rejected, there is not back up for me. If I use H1, then I need to find a job ASAP just as you said.

Assuming that I can find a job with similar title, if I file H1, INS will find out that I am in the process of I485 and has not exceed 180 days, so likely they will reject my I485 case. What do you think?

Another option is to use EAD work and after 6 months passed, switch it to H1B, but I am not sure if this can be done and what are required? Do you have any idea about this?

Thanks

jay
 
I don\'t think you can switch from EAD to H1

I thought once you use EAD, you can\'t switch to H1B. May be you can get a new H1B. gurus, Please correct me if am wrong.
 
Jay:

I already applied EAD, but have not received it yet. Does this make my status illegal
NO, your status is legal. Once you file for AOS, you can live in US legally until INS decides on your application, however in order to work for a company you need either H1 or EAD.
Assuming that I can find a job with similar title, if I file H1, INS will find out that I am in the process of I485 and has not exceed 180 days, so likely they will reject my I485 case. What do you think?
Once you obtain H1, INS will find out that you\'ve been working for a company other than the one for which your GC is filed so INS will/may generate a RFE for proof of employement. INS would like to know that upon GC approval the position for which your GC is applied to still available to you and you intend to work for that. Now this is the time you will use AC21.
Now if you use EAD till 6 months and then H1, then also upon asked (in case of RFE) you will have to show INS that you switched to similar job with starting date as xx-xx-xx which will be prior to 180 days. SO frankly I dont know what is youe best option.
 
What is special about CSC

I am also in the same situation. But I saw that a statement "If you are not in CSC" What does this mean??? I am in CSC what is the difference in CSC.
 
What is special about CSC

I am also in the same situation. But I saw that a statement "If you are not in CSC" What does this mean??? I am in CSC what is the difference in CSC
 
Is EAD better?

thx for your response, guys. That means a lot to me. I am just back from a short vacation to put myself together. It is sad to see yourself get laid off after a year-round hard working.
Back to the discussion.
1.
Bholaram, here is what I understand from your post
If I use H1B, INS will know, they will issue RFE, besides the normal current employment letter and pay stub, they will also require the future employment letter from the previous company.
If I use EAD, INS will not know if I switched job, but they may also issue a RFE just as a routine, in the RFE, they will ask for current employment letter and pay stub, but not the letter from my previous company.

If this is so, it seems like I will have a better chance by using EAD assuming I have a similar job at that time.

What do you guys think?

2. I saw some posts about leave with absence, Will that help me in my case? And in which way? Does my H1 still valid during that time?

3. What is the difference of getting a new H1 and switching back to H1? I mean during the time of EAD, if I can have the company apply H1 for me and if it get approved, then case solved. Is it that simple? Are there any other impace?

4. Talking about AC21, do you guys have any idea when the regulation will come out? I share the view of some other folks that it may get tougher because of Sept. 11. I hope it does not come out soon. They should have more important things to worry about.

5. tsnathan, I saw some posts saying that CSC requires you to show them the evidence that you actually have worked for the sponsoring company for 180 days in order to appy AC21. If this is true, uou might want to consult a lawyer for this matter.

Regards,

Jay
 
tsnathan, this is the opinion of few attorneys on CSC processing

Few attorneys including Sheela Murthy have opined that CSC does not approve GC if the employee changes the job within 180 days.

Hope this helps
 
SOS!! 4 months into I-485. Got "Fired"!

Please help!!!
I am in the same bad boat!!!
I filed I485 around middle July,01! I got my EAD last month and also done my FingerPrint too!!

My consulting co just "fired" me. In fact, I got 6% raise in this year performance review (6% is the best rate for H1-holder in my company.). "Fired" means "No severance pay" and ....

Actually, I did a good job in my client side. I was very rush to be kicked out, so I didn\'t have chance to talk to my client\' side excutives. Actually, I was recognized everal times in past few months due to my good works.
My evil boss (Consulting firm) did this because of his evil and greedy mind. In this ecomonic downturn, he found he can use very very low salary to hire H1b web developers without benefits!! And, He don\'t need to pay any benefits for fist year employees.
I am with this consulting firm over 2 and half years.

My questions are:
Whether my evil boss can revoke my green card as I am in AOS status with EAD card?!
Is it OK to work using EAD without applying another new H1???
Can I suit the Evil, If he continue to ruin my life and manipulate the whole issue?? (I am sure I can get good references from my client sides.)

 Many Many Thanks!!
 
INS may ask "proof of employement" in either case.

if I use H1B, INS will know, they will issue RFE, besides the normal current employment letter and pay stub, they will also require the future employment letter from the previous company. If I use EAD, INS will not know if I switched job, but they may also issue a RFE just as a routine, in the RFE, they will ask for current employment letter and pay stub, but not the letter from my previous company.
INS may issue same RFE in either case, if you\'re using EAD OR H1-B. RFE could be related to "proof of employement", meaning INS would like to know "The job position for which your GC is being proceesed is still available to you". And in this senario you will have to use AC21 law for "change of employemnet". But if you obtain new H1 for new employer then chances of getting RFE is higher.

If this is so, it seems like I will have a better chance by using EAD assuming I have a similar
job at that time.
I would still recommend you to talk to good lawyer.
 
Tough break - I hope your GC is NOT with CSC

As stated above, CSC seems to require 6 months of employment with the sponsoring employer or they will deny the GC. The reason that they can get away with different rules is that INS has not created any implementing regulations for AC21 so the service centers are free to interpret the law as they deem appropriate. So without implementing regulations, I\'ll try to answer your questions

Whether my evil boss can revoke my green card as I am in AOS status with EAD card?!

Probably. The employer cannot do anything to directly affect your I-485 but the employer owns the I-140 and can probably cancel it and thereby cause your GC to fail, at least within 180 days.

Is it OK to work using EAD without applying another new H1???

Yes, as long as the EAD is valid you may work for any employer.

Can I suit the Evil, If he continue to ruin my life and manipulate the whole issue??

You can always file suit but it doesn\'t sound as if the employer is doing anything that would be actionable. You\'ll need to speak to an employment attorney who is licensed in your state to be certain though.

Jim
 
need 180 days even under AC21?

Correct me if I am wrong. Even AC21, you are still required to work for the current employer at lease 180 days. So if INS comes back asking for the proof of this 180 days, you are dead anyway. Am I right?
 
Maybe, and maybe not . . .

Jay, without AC21 you would need to work for the sponsoring employer for a period of time (most attorneys say around 6 months) AFTER the GC is issued. For current employees, it would be a very up-hill battle to quit and make the claim of intent to rejoin, and the employer always had the ability to withdraw the job offer and effective kill the GC processing, at least until the GC was approved. That\'s the old law prior to AC21.

Now, with AC21, it appears that you can use a new sponsor as long as the I-485 has been pending for more than 180 days. The exact mechanics of this have not been worked out since INS has not promulgated any implementing regulations for AC21. So, basically we\'re operating blind and any current procedures can be changed at INS\' whim and certainly some will be changed when (if) INS issues implementing regulations for AC21. CSC is currently operating under the requirement that the applicant must work for the sponsoring employer for 180 days after the I-485 is filed to benefit from AC21. The other service centers appear to be approving I-485s where the application remains unadjudicated for more than 180 days as long as the employee has some sponsoring employer and the position is "similar" (another term that has not been fully defined). How this mess will all sort out in the end is anyone\'s guess but my advice is to take the most conservative position possible and that means staying with the sponsoring employer as long as possible, at least for 6 months beyond GC approval. That way you\'re operating under the old rules and you should be safe. Any other course of action entails some risk. This of course assumes that you have a choice. If you are terminated then you may as well hope for continuation and application of the standards that are reportedly being used at 3 or the 4 service centers.

Jim
 
Can employer revoke I140 after 180 days passed

Can employer revoke I140 after 180 days passed, if yes, is there any impact on Employee who has EAD and working for another company after 180 days ?
 
Probably not after 180 days

To permit revocation of the I-140 to have any effect after 180 days would seem to nullify the intent of AC21. There are no regulations so nothing can be said with 100% certainty, although this seems to be pretty certain.

Jim
 
No Title

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
 
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