Layoff and AC21 Pls help

puneesh

Registered Users (C)
Here is my situation

Got laid off, 140/485 has been applied for in April 2004, 140 is approved but 485 pending due to retrogression. I have never used EAD even though I have it, worked on H1.

My questions any help would be deply appreciated

1. Do I accumulate unlawful status since I have worked on H1 only so far?
2. Can the employer still revoke 140?
3. Since it will take some time before I can find something how much can the time be before I have to send in AC21 letter?
4. My EAD and AP are coming up for renewal which I am going to apply in the next couple days, if the employer revokes 140 before that can the EAD/AP be denied.


Thanks for all help
 
I don't see anything in your case to worry about

You remain in legal status while I-485 is pending.
I-140 will not be revoked mostl likely. I was laid off since 2001 and it's still not revoked.

There is no need for the letter. I never sent one. It only could confuse Immigration.Just focus on finding a similar job and later send the letter.

No, EAD/AP will not be denied.
 
fras said:
You remain in legal status while I-485 is pending.
I-140 will not be revoked mostl likely. I was laid off since 2001 and it's still not revoked.

There is no need for the letter. I never sent one. It only could confuse Immigration.Just focus on finding a similar job and later send the letter.

No, EAD/AP will not be denied.
Thanks fras for your help.
 
Keep it cool

I was been in this stage once.

Here is what I sugest:

Keep good relationship with the old employer even he laid you off, just not to get in to mess or I-140 revokation. It is not really effect much, just in case.

Go head and find similar job and use your EAD.

once you settle in new job then you can file AC21 or even better when you get a Query.

Other wise there is nothing to worry about.

Apply EAD /AP as usual .
 
indinfotech

thanks for your reply. Can i apply for EAD/AP while I am still searching for a job and technically not yet ported my application?
 
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