Laid off when I-485 is pending for less than 180 days

[abouttime]

What happens if one is laid off when I-485 is pending for about 2 months (less than 6 months, I mean)? The EAD has been approved and I-140 is pending for the same time (concurrent processing) as well.

1). Is it legal to stay in the country? If yes, for how long?
2). If we find another job, can we continue the GC process? If yes, does the job have to exactly the same or can it be kind of similar? Also, does it have to be in the same state?

Thanks very much.

 

[atlantabhopali]

Originally posted by abouttime
What happens if one is laid off when I-485 is pending for about 2 months (less than 6 months, I mean)? The EAD has been approved and I-140 is pending for the same time (concurrent processing) as well.

1). Is it legal to stay in the country? If yes, for how long?

--> Two critical issues for u (a) Sposoring company should not cancel ur 140 (it doesnt needs to by law, unlike H which they have to cancel) and (b) INS doesnt acts on ur application within 180 days (almost never will). If these 2 conditions are met, you can stay for as long as ur case is pending. Ur status would be "Pending Adjustment of Status". If u leave the country for any reason, you would need to come back on AP as a parolee.

2). If we find another job, can we continue the GC process? If yes, does the job have to exactly the same or can it be kind of similar? Also, does it have to be in the same state?

--> Yes. Hire a good lawyer and use AC-21 (see zillion threads on this site). Similar = Should fall under the same Department of Labor code though it is best to maintain the job description as same to the one used in LC as possible. The new position can be in a different state and technically, can have a lower/higher salary though these days INS (oops BCIS) considers a big change in salary as an indication of changed job duties.

Would suggest u read through murthy.com chat transcripts and FAQs.

Thanks very much.

goodluck

-ab

 

[usimmgr]

H1B transfer prior to 180 days in I-485

Does an H1B transfer to new employer prior to completion of 180 days since I-485 application gaurantee an RFE?? Are there people out there who have successfully used AC21 to get I-485 approval when laid off less than 180 days since I-485 application?

If new employment is found before 180 days, is it OK to send AC21 letter few months after joining the new employer (i.e. after 180 days have passed), but not immediately? If so, the start date should be omitted from the letter??

Thanks a lot.