Lay-off after approved 140

[northcliffs]

Hello All,

Can someone suggest a course of action to me? I need to make a decision about the following situation fairly soon:

1) I am an Indian national, working for an employer since March 99 on H1B. I initially came to the US on F-1, did a master\'s here and changed to H1 status while in the US. Maintained status throughout. Full pay. And I have all paystubs.

2) Employer filed LC (June 2000) and subsequently EB2 140 with TSC (May 2001). 140 approved few days ago. I had opted for CP at New Delhi. I have not received the notice yet.

3) Due to the downturn, all our client have slashed their capital budgets for 2002/3 and there\'s no work. The employer is considering terminating my job, but so far this hasn\'t happened. It is unclear how many are going to be laid-off. Over the past week one senior person (same position as me, but American) left. He didn\'t want to talk too much about what happened in his meeting, but he was pretty pissed, so I fear he was told to take a pay-cut or a lower job.

4) To file AOS or CP, my understanding is that I will need an employment letter from the employer. From knowing the president, if he is considering getting rid of me now, I am sure he is going to have issues about saying what needs to be said in the employer letter - that the company intends to employ me when I get the GC.

Q1) Is it possible to file for AOS OR do CP without the employer letter? Salvaging the current GC is what I really want to do.
(After a recent increase, I do have one paystub with a salary within 95% of the LC amount. Hopefully I\'ll be able to get more such paystubs.)

Q2) What about if I file AOS, get another job and start working for another employer in the same DOL category for which I have the LC? (I am very employable, and am sure I\'ll get another job at equal or higher salary). Seem like I should be OK if INS doesn\'t do anything for 180 days right? Here\'s a case where TSC inefficiency may be a boon.

Q3) Should I take the new job on a new H1B or EAD?

Q4) Should I get the second employer to start a fresh LC, just in case?

Q5) My fiance works in NYC, also an Indian national, also on H1B, with LC pending for EB3. We were planning on getting married in New Delhi when we went for my CP, and including her in my CP. Now one option I have is we can just get married here, and I can become included in her 140 when it is filed.

The big big question is what should I negotiate with this employer, and what should I do if I get terminated/laid-off next week?

Thanks much

 

[jaxen]

some opinions

Q1) Although most of the times the lack of employment letter will be known after an officer sees your case, it is possible that it might be rejected at the outset as a frivilous petition. But if you cannot get or risk getting an employment letter, you can yourself apply for I485. But for CP you definitely require an employment letter.

Q2) Filing for AOS is the best option for you.

Q3) You can take in both. EAD means that you are free to shop for an employer, since H1 requires additional work from the employer and not many are ready to do it.

Q4) As an contingency plan, it is good. In this case you are better off in H1 so that if the initial GC fails your deportation does not start.

Q5) Another good option..

 

[csci485]

my suggestion

following is only my suggestion for your reference.

(1) It\'s impossible to file AOS or CP without employment letter. However, if you are currently employed, your employment letter can simply state "xxx is currently employed with xxx company with salary xxx since xxx. He is in good standing..." Try to use some words that can be accepted by both INS and your boss.

(2) If you filed I485, then you can switch job after 180 days. If you switch job before that date, as long as INS doesn\'t process your case before 180 days, you should be OK. (If INS issues RFE, then you need to prove that you have a job in same catagory) You may need to file Amend I140 after switching job

(3) It\'s OK to file AOS or CP and claim your wife as dependant, and let she file another AOS/CP claiming you as dependent. As long as you two are not work in same company, it\'s legal to do so (my collage did so. He asked INS and they said OK). But get marry first before filing AOS/CP

(4) Let your new company file Amend I140 is better than start LC again.

Hope that helps. But be aware that above is only my personal opinion.

 

[Handsome Desi]

my suggestion: just go home