Laid off today ... please help !!!!

E

enjoys1

Registered Users (C)
Hi All,

My LC was approved in the first week of October. I concurrently filed for my I-140 and I-485 three weeks ago. I haven't received the I-485 receipt from INS yet.

I got laid off today. But, my company is giving me severance pay for the next 5 months and is putting me on paid leave of absence. I will be getting a pay check every 2 weeks(as earlier) from my company for the next 5 months.

My lawyer did not apply for my EAD and AP before when filing I-140 and I-485 concurrently. My lawyer is willing to apply for my EAD and AP now.

My questions:

1) Since, I will be paid every 2 weeks by the company for the next 5 months will my status be OK ?. Will I be on valid H-1B status as long as I am paid by the company ?.

2) Since, my company will be paying me every 2 weeks for the next 5 months, if I manage to find a job in the next 5 months will my H-1B status & I-140/I-485 application processing by the INS not be affected at all ?.

3) What the the complications that could arise now and in the future for my case ?.

Thanks
 
you'll be in big trouble since you haven't finished 180 days .
sorry i'm just kidding. i seriously don't know much about details of the law. contact your attorney.

i've not heard 5m severance pay these days. but why they are putting you on paid leave of absense?

good luck!
 
The company is putting me on paid leave of absence because they are generous.... and they want the employee to benefit(and not have a grudge against the company that the employee was laid off) and by all means be able to get his GC even though the employee is no longer with the company.
 
Hello Enjoys 1.
Sorry to hear the news, but u must find cheer in the fact that you will be monetarily alright for the next few months.
Now coming to your questions:
1. Your H-1B will be fine as long as you are on the pay-roll and your company doesnt inform the INS about ur layoff and asks them to revoke your H-1.

2. You are indeed lucky that your company is willing to pay you for the next 5 mos. Do something and stretch it for another month so that u are employed for 180 days after ur 485 is filed, that way you will have all your pay stubs. You cant change your job till 180 days after filing ur I-485. So lie low for the next 6 months hoping that you are still with your company getting your LOA pay. Make it a point to get another job with similar job desc and pay as soon as 180 days are over. That will keep you in good stead as far as your status with regards to 485 is concerned. The key is that you retain this job for 180 days and then find a similar job soon after.

3. No complications as long as you are on the payroll in the present company. Start looking out for other opportunities and grab one as soon as 180 days are over.

That was only my 2 cents, you still want to talk to an attorney and consider your options.

You have quite an issue, but keep your fingers crossed, you might just pull if off!!! Go have a cold one and chill out!

Good Luck!
 
you are so impolite, still I'll provide info..

I feel you are laid off today, in bad mood.
Here's the info:
1. No body know AC21 details, because INS has not defined the detail regulations
2. Any information is just information for your reference, no great immigration lawyer will post message here, they charge thousands of $s for one case

3. For your case, the most safe way is to find a job , similiar with LC, begin to work right after 180 days, inform INS new employment, get PPROVED, EVERYTHING IS FINE, NO TROUBLE NOW AND FUTURE.

OF COURSE, YOU HAVE lots of OTHER CHOICES, and your case will be mostly approved, but any other way may result in a little or big troubles now or in the future when apply citizenship.
the right thing you need to do is to find another job, 5 months is enough.

The most important thing is when your case is adjudicate( no body knows WHEN), you must have a job same or similiar with LC.
that's it.
 
another way ...

I forget you are still in H-1b status.

Because the job market is not well, so find a job is not easy.

if your 6-year h-1b period has over one year left, and you can find another compony sponsor your H-1b and GC, you can restart the process from the begining, but this is not the good way, you have to wait too long time, and anything can happen.

The best way is to continue the current GC process.
Find a job first.
 
Sorry

Hi aqaqaqaq,

Sorry for being impolite. Thanks a lot for taking the time to
1) answer my questions,
2) clearing my doubts and,
3) giving your valuable suggestions.

Thanks again

Wish me lots of luck :)
 
Apply EAD

Just one more suggestion to your case. You should apply EAD if you want to find a new job. Then you can work for the new employer after 180 days after submitting current 485 application. Even though INS consider you are out of status immediatly after you are laid off. But they will never catch you as long as your employer does not report the lay-off to INS and you get pay check regularly. (Pay check is the only document INS is going to ask if you get RFE from them for your GC process)

I got a friend switching job after laying off from the company after filing 485. But he got GC approval after a year. Good luck!
 
Hi enjoy1,

I guess severance packages are given in one shot. I feel your company is trying to help you by keeping you on pay roll for next 5 months and to keep ur status valid they are keeping you on paid leave of absence. I feel they want to help you out of this situation.

SO it looks to me that INS will never come to know that you were actually laid of. How does INS know that you were on leave of absence. For them it's just pay stubs which are going to matter.

I feel you should eb safe, but nevertheless take advise from your lawyer also.
all the best for your GC and other endevours
 
Hi Enjoy,

There is no clear interpretation of the AC21 regulation. You can look for a job even now using your H-H transfer privilege. regarding your I-485 application, the 180 days rule can be interpretted as if there is no decision on the application for 180 days, the applicant is eligible to switch jobs. It doesnt mean that you have to wait for 180 days to do so. And by the pace CSC or any other center for that matter is moving, you can rest assured that INS will not do anything on your I-485 application for 180 days.
My suggestion is to consult a good lawyer and try to find a loop hole.

Good Luck!!
 
hi

please dont forget to
1. file for EAD and AP
2. get the severance letter (the letter of experience) saying that the company had to lay you off dated 5 mos later

Although the AC-21 rules are not clear, there have been cases where employees laid off before 180 days were approved. You wont be out of status for these 5 months (H1-B) and after (AOS adjustee).

and yeah, a new job with similar description helps... a lot.

good luck...
 
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