laidoff before 180 days

S

shanthi Barva

New Member
please help me! got laidoff before 180 days,Got EAD and FP done. EB2 / ND 10/21/00. Please guide me, Can I get a another job?
How this will effect my GC processing ? what is the next step?
 
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Though you would have done this, can you please try once again to continue and just cross six months?
 
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It\'s simple! You have an EAD. Go ahead and get yourself a new job and apply for a new I-140 via RIR. It will be done in 6-8 months. And have the new company take over the old processing - just ensure that the company that\'s laying you off won\'t stop the processing. Then when the AOS time comes, simply show them the new I-140 and ask the INS to apply the new I-140 to the adjustment. Anyways, they won\'t create a hassle since you\'ve got the new firm to take over the processing. Just make sure that the new job is in the same \'general field\' as your last one.
 
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Thanks HVN, Is there any time limit to get a new job? I got only ten days with my employer. Should I find a job before that?
what are all other risks?
 
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Please do not take it as legal advice. Consult appropraite lawer.
Since the company is laying you off and you are not the one leaving as per your wish, the 6 months rule should not apply.
You are in status till a decision has been taken on your case and so 10 days rule does not apply.
I have seen a posting in which a person was laid off by his company and was out of job for quite a number of days. Later he found a job with another company. All this happened before this new law was passed. He was called for an interview. He showed the letter of termination to the interviewing officer and a letter from his present employer who were willing to hire him permanently. He got approved. No new I-140 was needed.
If you are not aware, working for a different employer with EAD was already in force earlier. As long as you did not initiate, it should be fine. To be safe, you can apply for another I-140.
Consult a lawyer and get the correct info.
 
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Hi HVN,

Unfortunately I have landed in a somewhat similar position. My I-485 is applied a few days back. My employer informed me that I would be laid off shortly, possible before a month. What are my options? If they dont stop the processing will I recieve the EAD?.
If I dont get a ead would I have to redo the labor processing part for the gc?
Please can you also send your email address to royb_r@yahoo.com
 
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Hi Insh,

I am in a similar situation as shanthi. my I-485 has just been applied, and I dont have the ead. If I am w.o a job for a few months would I be out of status? what is the 10 days rule?
if i find another job withing same general description of the previous one, would i have to go thru labor and I-140 again.

Thanks for your help. would appreciate any info you can provide.
 
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Shanthi,
I just got told that I will be laid off. my I-485 was applied last week. I would like to know more about what the advice you get and possible solutions. Please can you also send me a email at royb_r@yahoo.com.
Thanks
 
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Well I am more or less in the same boat.
PD-12/97
ND 03/2000
FP 03/2001
EB3-India

I"ll be laid off in April. ( supposed to be in March, but they have extended it ). I have the EAD.

The company said they don\'t want to jeopardise my GC process and would support me in whatever way they can. This whole thing is a back up if I get an RFE for some sort of verification.

But in the meantime, as soon as I am out of the company ( in April ) I"ll pursue other opportunities using EAD. No H1 or 140redo. I"ll take my chances with this.

Guys once the FP is done, the only hassle is RFE ( I am assuming this is the only one ). We just have to be prepared for that or take chances.

I recommend that you talk to attornies like Rajiv or Sheela Murthy or anyone who is uptodate with the immigration law about your case.

I know it is very frustrating for everyone and hopefully the guidelines for AC21 law will be in favor of us.

Note:
If you have already applied for 485, also apply for EAD. It doesn\'t matter whether you want to use it or not want to use it. Just apply, you never know when you might need it given the whole job market situation.

This is only my personal opinion.
 
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Thanks BostonV, its very helpfull. Am waiting for the ead to come. will I be out of status if I dont find another job before i leave this one?
 
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