Laid off right after 140/485 filing. Any chances for my GC?

K

Karaya

Registered Users (C)
Hi guys,

I am facing a big likelihood to get laid off just a few months after my I-140 & I-485 have been filed (4 months since I-140, 2.5 since I-485). My EAD application has been approved recently, but the card itself is yet to arrive. The employer promises not to revoke any applications and would answer any RFE as long as it will not get him into legal troubles.
So, what are the chances for me to successfully get through the GC process? What the wisest way of actions me? What to do / don’t do?

Thank you!
 
you can try

you can try as everybody is trying there isn't any harm....

though you should work or try to work on H1

-Rama
 
If your employer can co-operrate the you need not have to worry.
I hope every thing will be fine.

I agree with Ramavatar. Just in case..... You need H1
 
Last edited by a moderator:
Originally posted by tammy2
I agree with Ramavatar. Just in case..... You need H1
Click to expand...
Is it just for remaining in legal status in case my 140 / 485 applications denied?
 
YES
Better maintain H1B status.
go for H1 transfer and dont use the EAD ( you may recieve it)
 
similar case

my case is similar. my company closed down (all employess let go...all, including management), but the company is going to be around as a legal entity for a while.

my 140/485 was filed kinda of the same day my company closed down (i mean last pay stub day)

what is the best course of action for me?

do i get a new h-1?
my company's lawyer will respond o any rfe...that really doesnt need a lotta stuffs from company and within legal bounds.

what do i do???

ks
 
Originally posted by ginnu
YES
Better maintain H1B status.
go for H1 transfer and dont use the EAD ( you may recieve it)
Click to expand...
Could anyone give a link to more compelling discussions or info on this matter, please? Job hunting is a hell right now, and the H1B requirement makes it 10 times worse. So I want to understand for myself is it really worth the efforts.
Is it possible to work using EAD, and if my GC process got screwed at some point just switch to H1? (Assuming I would managed to talk my employer into it?)

Another aspect of the problem - my 6-years period on H1 expires in 1.5 year. If I maintain it and let say in 1 year BCIS rejects my 485, I have only 6 months left on H1, which is almost useless. But if I switch to EAD now, in 1 year I would be able to start another 6-year H1 period. Isn't that the case?
 
It is pretty simple. Find a job ASAP. If they don't sponsor, use EAD. If they can do H1B, then by no means pick H1B and thank them for that. Anyway, it is more important to have a job in hand than thinking about the status too much. You can always switch to other status like F1 (student).

Good luck!
Yee Man
 
hi yee man chan

hi,
do u think i still have a chance to salvage my gc?
if i get into a new company and apply for h1, what will happen to my gc papers?

ks
 
Get a job thru EAD or H1B. Then wait for either approval or RFE/interview. If you got latter, present your new employment letter. Then you will be fine.While H1B is safer, the truth is that 485 rarely denied if you are employed by a reputable company and you didn't make any mistakes in your application. As long as you have a job at the time of 485 decision, you will be fine. Of course, you also need to keep a good relationship with your old employer to avoid 140 revocation.

Good luck!
Yee Man
 
hi yee man chan

my company might continue as a small group of people working part time (16-20 hrs per week). they are saying that they will file for lca amendment to change my position to part time, so that i will be in status and will be part of teh company. this may go on for a while. is it advisable to that?

else, they are planning to cancel the lca, if the company cannt survive. how does that affect my h-1 or gc?

please advice.

ks
 
hi yee man chan

hi yee man chan,
my lawyer says that since i have applied for 485, i am legally in status (485 applied and pending).
is that true. what problem i might face, if in this case?

btw, if lca is cancelled will that cancel my gc or h1?
please advice.

ks
 
Re: hi yee man chan

Originally posted by kshathrya
hi yee man chan,
my lawyer says that since i have applied for 485, i am legally in status (485 applied and pending).
is that true. what problem i might face, if in this case?

btw, if lca is cancelled will that cancel my gc or h1?
please advice.
there are two different thing LCA (Labor condition Application) is for H1 and LC (Labor certifcation) is for GC

If they are going to modify LCA you should be fine for the status now, becuase as your lawyer said you will be in status as you already filed I-485.

As you are working part time, GC is for future job so if INS issue REF, you have to convice INS that after GC approve your company will able to pay you the amount mention in LC (not LCA)

Your lawyer may have different interpretation of Ac21, as some lawyer interpret, there is nowhere mention you have to work while your I-485 pending, becuase GC is for future job, As long as you can survive and not became public charge, and have full time job at the end of GC process you should be fine.

And other thing, LCA amedment is good thing for your current H1, but it will give INS reason to doubt your company's financial status, but your lawyer may have more idea.

And if they are thinking modifing LC (for GC) you might run into problem.

Good luck

ks
Click to expand...
 
new development

tnx jbm. btw, my company is planning to go ahead with a small group of people, for some more time, working partime (20 hrs per week). i am one of them.

they are going to file for a lca amendment to change my status to part time.

so can i safely take that? i don have a choice as they are saying that their lawyer is saying that i wont have status issues.

please advice.

jbm, yee man chan & others....???
ks
 
You must log in or register to reply here.
Top