Laid Off, do another job?

Rajiv S. Khanna

HOST, Immigration.Com
Staff member
#1
Q. Looking to the current mkt. situations , I had noticed that many H1B Professional , have forced to do some other jobs like to work in grocery/conv. store or to work
with some motel.

My question is does this legally permitted ?

A. No, it is not.
 

OhioWaiter^

Registered Users (C)
#3
Status after 180 days

I was laid off after the 180 days in the 485 stage. I am now looking for another job (I already have my EAD). Am I still in status? Is it still legal to stay in the US?
 

JohnR

Registered Users (C)
#4
probably

Assuming the I-485 is based upon I-140: If you are no longer working for the employer who filed I-140, you are "technically" out of status. The EAD is based upon the approvable I-485: if employer-employee relationship is no longer planned or has been terminated by either side, INS could consider you working without authorization if working for different employer from the I-140 filer.

Assuming you were working as H1B, there is something called "portability" (within & maintaining the old H1B status) IF you are acquiring a job with another employer who will file I-129 for new H1B position, INS will permit job hunt for a short while.

see previous post: employment is still limited to occupations very similar to previous H1 duties.

:(
 

rim

Registered Users (C)
#5
Laid off a week ago ...

Hi, I need your help.
I got laid off a week ago. Now it seems like there is a possibility for me to get an offer sometime soon.
My question is if that happens
1. Is it okay to file for H1B tranfer ?
2. Is it possible to take the benifits of Law 245(i) as two years ago my LC was approved but I had to leave that company.
3. Would it be a good idea to go and stay at Canada [I have visitor visa] and apply for new H1B.
4. We are expecting out child within 3/4 months so would it be a good idea to apply for a visitor visa for the cause that she can not take any flight this time.

I appreciate any lead.
Thanks,
 
#6
I filed my I485 and got laid off before receiving the receipt (before the completion of 180 days). Am I authorized to work for any employer after getting the EAD?



I filed my I485 and got laid off before receiving the receipt (before the completion of 180 days). In the meantime, I got the Labor Certification approval (last week) of another Green Card application sponsored by another company (for whom I had worked previously) can I apply for I 140 / I 485 / EAD / AP without any problem to the first Green Card (company I was laid-off from)? Can I have 2 Green Card petitions pending simultaneously? Can I apply for I-140 and I-485 without working for the company?



I filed my I485 and got laid off before receiving the receipt. Can my wife travel to India when she gets her Advance Parole (will my non-completion of 180 days on I 485 pose a problem for her travel)?



I filed my I485 and got laid off before receiving the receipt. Can my wife work for a company when she gets the EAD?
 

Desiinusa

Registered Users (C)
#7
Few things you can do

If you are on H1 and laid off, few option you can consider from:

#1. Try to get a H1 transfer through some sponsor, however do not fall with any one and dont wate your money to get new H1 as there are people who offer Only H1 by chargin you some money, how reliable they are is doubtful.
Also any one who files H1 for you need to show/provide Pay sTubs for you so if you are paid how can can you Paystub? So when you atculluy get some authtic H sponsor company getting your h1 transfer can be trickly.. with such kind of H1.

#2. Few days/month after Layoff should be OK to be in this country as one definitrly need some time to settle the things, mean time try to get some one who can get you H1 transfer.

#3. You may also consider converting H1 to B1 if you just want to buy some more time.

#4. Try to get information from people, who have gone through this kind of situation, other experience and thier adise can certinaly help, you can read more on net on and website like www.path2usa.com

Hope this helps...
This is not a legal adivse though.

Also,

Remember always take an Health insurance for you and family First, if you do not under Cobra coverage etc, in the event of un-employment.

Take it easy and have fun,....!
 

cobwebs

Registered Users (C)
#8
Re: probably

I am not at all sure that I agree with this view...

If the guy is laid off more than 180 days after filing his I485, he should be able to find another job within resonable time and use his EAD when working for the new employer while waiting for the approval. I think this is called 'the portability'.

He is not out of status, his status is still going to be 'adjustment of status'. Waiting for the verdict about the I485 application.

He can continue to work using his EAD. The portability does not have anything to do with H1B or EAD, I am sure. Both should be OK.

He should inform INS about the change in workplace, at least the new address if he has to move, and get a letter from the new employer (this letter should be drafted by an immigration lawyer).

AFTER getting the Green Card, he should stay with the employer for at least 6 months, to avoid future problems with INS.

This is my view.

cobwebs




Originally posted by JohnR
Assuming the I-485 is based upon I-140: If you are no longer working for the employer who filed I-140, you are "technically" out of status. The EAD is based upon the approvable I-485: if employer-employee relationship is no longer planned or has been terminated by either side, INS could consider you working without authorization if working for different employer from the I-140 filer.

Assuming you were working as H1B, there is something called "portability" (within & maintaining the old H1B status) IF you are acquiring a job with another employer who will file I-129 for new H1B position, INS will permit job hunt for a short while.

see previous post: employment is still limited to occupations very similar to previous H1 duties.

:(
 

moad

Registered Users (C)
#9
that s my story . I would like to inform you


that I was among those applicants who were selected and registred


for further consideration in the DV-2002(october,1,2001 to september


30,2002).


I did complete and return forms (230 partI,230 partII and dsp122)


to the kentuky consular center around May 2001 but infortuntely,


up to now I havenot received any answer yet.


now, I am writing to you to ask you what i have to do cause i cant beleive

that i missed this opportunity_pleas help me
:(
 
#10
working full time with two employers?

Hi all,
One of my friend is working full time with two employers. He is still on H1-B. He filed his I-485 in May,2002 ( and may get GC in 5 tp 6 months) bu he got the EAD. Now he is working with his old employer as well as with a new employer( using EAD on the full time basis). The second job is not computer related whereas the GC was filed by the first company for him being a computer professional.
Now my question are:
1) Is it legally ok to work FULLTIME with 2 employers ,one who filed your GC and with another company(not computer related) using your EAD ?
2) does he need to inform INS regrding the second job?
3) What are the implications of working like this ?
4) If he get laid off by the first Company before getting his GC, What will happen ?

Thanks,In advance. :confused:
 

gabby2001

Registered Users (C)
#11
Your friend is not allowed to work in the second job unless he has a work permit for it, and he is essentially out of status by doing that. In the worst case senario, he can be deported if BCIS finds out about it.
 
#13
Got Laid off - can I claim unemployment

Hi,
I was working on EAD. Still our I485 approval is pending. My wife is the primary applicant. I got Laid off recently. Can I apply for unemployment. Pl advise me in this regard.
Thank You,
Ash
 
#14
My question is for Mr. Rajiv Khanna:

Q:

For people who used the I-485 portability option after getting laid off from the 1st employer and are now with the second employer with a H-1B visa. Is there a period, for example, when a persons green card proces is not endangered(or the employee is not out of status) if the employee is not on the second employers payroll (BUT NOT laid off).


This is just a question for information sake!
 
Last edited by a moderator:
#15
clarification needed

Hello forum readers,

I keep getting different answers about staying after H1B employment is terminated. Some people say it is 30 days, some say 60 days is OK. Has anyone heard about cases when an H1B transfer was approved after 2 months of unemployment, provided the original H1B was never cancelled ?

I was laid off 1 month ago. Does this mean that i am staying illigally in the country, although my employer did not cancell my H1B ? In fact, my sponsor tells me that they may have a contract position for me in a month. Can i wait another month and then start working for my sponsor again? Or do i have to leave the country?


Thank you very much for your responce.

natasha
 
#16
Try working for yourself!

Hello Everyone

I can understand that there are a lot of folks out there that are out of a job! I ws once without a job and it can be very scarry at times. I would suggest trying to go inot business for yourself but not by yourself. There are alot of good programs out there that you can do from other Countries and never have to leave the house. A lot of these companies will even pay you electronically so that you want be charged all of these fees when cashing your checks.. If you can't find anything that really interest you then take a look at our prgram and will be able to get you going! Thank you for your time.

Courtney Hardy

http://thecountryclub.us/movie/index.cfm?id=semperfi
http://www.thecountryclub.us/semperfi
http://www.bizbuzz.ws/recruit.cfm?ID=semperfi
https://thecountryclub.us/register/reg1.cfm
http://video.google.com/videoplay?docid=-320833234720839476
 

srbose

Registered Users (C)
#17
Hi Natasa did you find new job?

I am also in similar situation, my employment gap is more than 60 days, got job offer but attorney is going to file H1-B soon. I am not sure whether H1-B extension will be approved. Please reply



Hello forum readers,

I keep getting different answers about staying after H1B employment is terminated. Some people say it is 30 days, some say 60 days is OK. Has anyone heard about cases when an H1B transfer was approved after 2 months of unemployment, provided the original H1B was never cancelled ?

I was laid off 1 month ago. Does this mean that i am staying illigally in the country, although my employer did not cancell my H1B ? In fact, my sponsor tells me that they may have a contract position for me in a month. Can i wait another month and then start working for my sponsor again? Or do i have to leave the country?


Thank you very much for your responce.

natasha
 
#18
h-1 Getting Laid off on 12/31/2008

I am on H-1 getting laid off on 12/31/08. My wife is a perm resident and already filled her N-400 and should be getting her citizenship by 05/2009. How much time do I have to find another H-1 sponsor? If not, is it advisable for her to file my perm resident application before she gets her citizenship?
 
#19
Hi - I am a Canadian citizen and have been working in the US on an H1 B visa since May 2002. I completed my 6th year in May 2008 and my employer requested an extension which expires Nov 2009, given my Green Card EB3 application was in process. My I-140 was approved in Nov 2008. I-485 was not filed as my filing date is not yet current.

I got laid off from work and my employment termination date was in Feb 2009. My severance/benefits package expires in May 2009. I am currently speaking with other potential employers. I have not left the country since my employment termination.

Please advise on my next steps.

Am I supposed to leave the US and come back as a Canadian visitor given that I am interviewing with companies?

What documents should I request from my previous employer's lawyers?

Also, I own an apartment in the US... does that matter?

Thanks much
 

vectorP

Registered Users (C)
#20
Hi - I am a Canadian citizen and have been working in the US on an H1 B visa since May 2002. I completed my 6th year in May 2008 and my employer requested an extension which expires Nov 2009, given my Green Card EB3 application was in process. My I-140 was approved in Nov 2008. I-485 was not filed as my filing date is not yet current.

I got laid off from work and my employment termination date was in Feb 2009. My severance/benefits package expires in May 2009. I am currently speaking with other potential employers. I have not left the country since my employment termination.

Please advise on my next steps.

Am I supposed to leave the US and come back as a Canadian visitor given that I am interviewing with companies?

What documents should I request from my previous employer's lawyers?

Also, I own an apartment in the US... does that matter?

Thanks much

Since your legal status in US ended after your got layoff and lost H-1B status, you should leave US as soon as possoble. It does not matter you own an apartment is US or not.

Under the current law, those perple who accumulate the unauthorized status from 6 months to 1 year are ineligible to return to the U.S. either on nonimmigrant status or immigrant status for 3 years. If the unauthorized status reach 1 year and the alien departs from the U.S., such illegal alien is unable to return to the U.S. for 10 years. (check http://www.greencardapply.com/news/news04/news04_0824.htm)

You should ask your previous employer's lawyers for the I-140 application and approval documents, which may be used for your later immigration application to keep your priority date.
 
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