Layoff and AC21 provision

B

budthal

Registered Users (C)
I wanted to know how to handle following situation. Every ones opinion will be appreciated.

- I-140, I-485, EAD, and AP applied in June (RD: 06/20/07, ND: 07/20/07)
- EAD and AP approved in Aug-07. None of them is used.
- H1B is valid up to 02/09/08. Three year Extension will be applied by end of Jan-08. Now a days it takes five months for approval of H1 extension.
- Currently PD is not current and will become unavailable next month (EB2, India).

So, in this situation if company layoffs (there were few last month and may be more in future), can I use AC-21 provision and join another employer? In how much time new employer is to be found?

Thanks.
 
budthal said:
I am sorry to mention, but 140 is approved in Dec-07.
Click to expand...

Of course you can invoke AC21 and join a different company in a same or similar job asap. This statement is true in it's entirety.

I am not so sure about the following statements. I believe you don't have to panic very much even if you loose your job during your job-hunt, as you will covered by your EAD from then on. Once dates become available for your green card application be adjudicated, though, you "may" have to be in a same or similar job. You have to research some more into this aspect.
 
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