Laid off waiting for I-485 approval

S

Snap

Registered Users (C)
Country : India
Category: EB3
PD : end of March, 1997
RD : June 29, 1999
EAD : Got a Second one, First one was received in Aug 1999
FP : mid April, 2000
VSC Processing Center

Hi Folks

Needed your input on what you think can happen in my case from your experiences/experiences of someone you know has gone through such a situation.

Had been working for company ABC with which I filed for my Green Card papers (Labor, I-140, I-485, EAD etc). The process had started in March 1997. After filing my I-485, I was laid off from company ABC in July 1999.

I went ahead and got another job at company XYZ mid Dec 1999. (No other option). While I was working at XYZ, company ABC changed their name for business reason to DEF in 2000.

Wanted your input if you have run into such a situation / know of someone who has and what is the solution to it / workaround. It is 6 months (almost) between leaving my job at ABC and getting one at XYZ.

Now, I have an RFE issued a few days back - don\'t know the requested info yet and am jittery that it will throw me into a spin.

Would appreciate your experiences/thoughts.

Snap
 
No Title

Hi Snap,

Did you ever try to file your labor and I-140 from XYZ and amend your existing I-485 petition? If not, then your previous employer ABC (now DEF) should give a letter saying that they are going to rehire you in the same position for which labor was filed in March 1997 once your GC is approved. INS might ask you do second I-140 because ABC has changed it\'s name to DEF. If you manage to get these things done, then you have to go back and work for DEF after you get your GC.

Please consult a good attorney before you reply to this RFE. Good Luck! Keep us posted.
 
No Title

I agree with Neil, just want to add:
Make sure you had EAD all along you worked for company XYZ.
If you can not get a letter from DEF that they are ready to rehire you after 485 approval, make sure you get an H1 from XYZ before they deny your I-485 then start the GC with XYZ.
OR pray that INS approves your case without asking for any employment letter at all.
 
No Title

Thanks for the candid info and response. The only way out like you said is get a good attorney, get an H1B from the current company and start over.

The other point that I have on mind is to try and take advantage of the new 2045 Bill. It allows the I-140 to be portable. I waited for 6 months to get a new job after filing of I-485. Can that not make me eligible to move on.

Would appreciate your thoughts. Am talking to an Attorney. If you know of some competent attorney, references would be appreciated. I do not need a whole list but some personal references that have benefitted from that attorney.

Thanks

Snap
 
No Title

I thought about S.2045, before I replied to your 1st message. I think you got laid of within a months time after you filed your I-485. If this event would have happened after 6 months time then you could have benefited from S.2045. But, I am not very sure as you started working for XYZ after 6 months. So, please contact a very good attorney and get your H1 strated before you reply to RFE. You can also check the portability of your I-140 at the same time with the attorney.

Exactly where you are located? If you are in Philadelphia area then I could suggest some good attorney for you. So, please reply to this post.

Good Luck!
 
No Title

Thanks for replying so fast. I am located in Central Ohio - Dayton, Columbus area.

Snap
 
No Title

Hi Snap, a quick question.

You are in EB3 INDIA and your PD is March 1997 and your RD is June 1999, I have 2 questions:

1> 1st of all how your RD is JUNE 99. All the visa cutoff dates became current only in AUGUST 99 and before that visa cut off date for EB3 INDIA was 9/1/96.

2> Now also your PD is non current, then how come you have received RFE?

Will you please clarify this for me?

Thank You.
 
No Title

Snap,
You have written you are EB3 - India and Priority date is March\'97, how can you have RD on Jun 99. On August, it become current. Are you serious about your posting !!!.
 
No Title

Hi Neil K

I probably made a mistake in typing. The PD is 3/97 and the ND (date that INS sent as acknowledgement of filing of I485) is Jun 99. I hope that clarifies the confusion. If I remember right, the dates had become current in April 99 in my case - EB3.

Snap
 
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