Laid off way past 180 days, no GC yet

M

mmdl

Registered Users (C)
hi all,

just been laid off...
RD is 7/12/2000,

just got RFE from INS,
EAD just approved but have not received Card yet... will I be out of status after my last date from the company?

should I worry?

thanks.
 
No Title

You\'ll not be out of status. However, you will not be able to work between the date of the lay-off and the date your EAD arrives.

If you have H1 now, then that H1 is terminated the moment you are laid off. You are still in status, since after filing I-485 you are considered "an adjustee".

If RFE is for an employment letter, you may have a problem.
You\'ll basically have two options:

1) ask your old employer (the one who sponsored LC and I-140) to write you a letter stating that a job offer is still available to you and that they are willing to re-hire you once your GC is approved.

2) find another employer who can give you a substantially similar position to that which was used for LC and I-140. Then ask this new employer for a letter and send it to INS as an RFE response indicating that you are using the AC-21 rule.

Of course, consulting a lawer is a good idea in your case, no matter what you do.
 
Question on RFE

If you get an RFE, after changing the job past 180 days of i-485, what does the new employer need to write to INS. Do they need to write that you have used AC-21 rule or just write the normal stuff. Any body who has written, can put up a format here ?
 
What do you mean "EAD arrives"

thanks for reply..

EAD is approved BUT plastic is not yet received... when you say EAD arrives, do you mean physically have the card on your hand?

thanks again.
 
485 Without EAD, Please Help!

I filled my I-485 this April without applying for EAD. Now I am worried how to apply AC21 180-day rule to keep my case valid in case lay-off / job changing. Is EAD a must for changing the job and continuing the process of the case? Or H-1B enough? What is the current processing time for EAD applications?

Gurus, please help.

Thanx a lot.
 
EAD is essential....

You will need EAD to work on another job, in case
of lay-off/job change.. Your H1 does not transfer
to the new job!
Apply for EAD as early as possible.

And hope and pray for the best.
 
No Title

First go to the local INS office and get a temp EAD card. Using this card get another job.

For RFE you can send the letter from the new employer.

As usual it is always a good idea to get lawyer\'s opinion.
 
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