lay off after 1 month of I-485 receipt date

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kar_nik

New Member
Mine is a classic case ,
Labor(RIR) ---> I-140 ---> EAD

My I485 Receipt Date is 07-02-2003, EAD is already approved.
My employer might lay me off within couple of days

can I join some other employer on EAD ?
whats all myth about 180 days?
what all docs i need to get from current employer?

what will happen if my current employer revokes my I-140?
will it have any effiect on my I-485 processing ?
 
Pray to God that your current employer doesn't revoke ur 140.
You can use ur EAD to get a new job and after 180 days can use AC21 portability. AC21 says that if one's 485 case hasn't been adjudicated with 180 days then that employee is allowed to switch jobs. As per the current scenario, it is highly unlikely that BCIS will touch ur case before 180 days..only make sure that the 140 stays untouched.
 
No one can say for sure if it will be okay.
Right now it seems to be okay. Even if they do revoke it then worst case you might get an RFE for proof of employment.
It seems improbable that ur 485 would be in danger if the 140 revocation is after 180 days.
Again this is just my opinion and I am no lawyer.
 
As per the current scenario, it is highly unlikely that BCIS will touch ur case before 180 days..only make sure that the 140 stays untouched.
Click to expand...
Even if BCIS touches your case 360 days from now they can always ask you proof (paystubs) till 180 days to verify if you qualify for AC-21
 
Maybe you are right.
But again AC21 doesn't say that one needs to be working for the sponsor for the whole 180 days. This is what I understood from reading other posts/forum and statements from lawyers.
This can be debated and untill there are definite regulations in place the AC21 portability act can be interpreted in different ways to suit one's convenience.

I guess the most important thing is to show intent to work for the sponsoring employer. If the sponsor doesn't have a job for you and if you can show proof of future employment...i see no reason why BCIS should insist on any 180 days clause.

Again these are my own assumptions and are not valid.
 
kar_nik

You can join another employer on EAD. There is no doubt on that. The problem comes when INS wants to find out how many days you worked on I-485 with the sponsored employer (RFE). They might do this when they actually open your case for adjudication. Even at that time, they are one loophole. If the RFE asks just for evidence that you have a full time employment and gettting paid, then you can show the new employer stubs and employer letter. If the RFE specifically asks you to show that date of employment with the sponsored employer, then you "might" be in trouble.

AC21 law says that you can change employer after 180 days on I-485 as long as you have I-140 approved but not revoked before 180 days.

Before leaving current employer, you just need to take employer letter from them. I am assuming that you have paystubs.

If your current employer revokes I-140 right now, you could be in trouble unless INS acts on your company request after 180 days. The legal position is, the date of the employer's letter doesn't matter. The date INS approves the request to cancel I-140. If that date is after 180 days, then you are safe but I doubt INS will take that long to cancel I-140. The funny part is, INS takes years to process I-140 and I-485 but when it comes to kicking someone out of status or messing with someone lines (cancelling I-140), it just takes a week or two to do it.

So, try to convince your employer that there is no necessity to cancel I-140 even if they have to let you go. Ask them to atleast wait for 180 days before they notify INS.
 
My employer said they dont revoke I-140 but they do notify INS
that they nolonger are the attorney for my case .
in that case what should I be doing.

And in case of lay off what choices do i have
if INS ask for all the paystubs for verifing my employment with current employer for 180 days after 485 filing
 
My employer said they dont revoke I-140 but do notify INS that they are nolonger attorney for my case,In this case what shoud i be doing.

And in case of lay off what choices do i have if INS asks for all paystubs for the period of 180 days after I-485 Filing
 
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