layoff before 180 days, ginnu,joeF,united,tammy,please advise what are my options

[WorryForGC]

my 485 is pending less than 180 days from the future employer. i was supposed to transfer my current contract to my sponsor of gc and in the process got laid off.

with his ead, I am searching for new contract to get under my future employer payroll, but it could take time due to holidays, what is the time frame available to me, how long can i be without pay.

do the desi employers have way to get the payroll in back date once i get a contract to fill in the gap, how much of a gap is allowed.

say if it took a long time and ins asked w-2 or pay stub for a period in past, how will i be able to produce that.

does anyone know of such desi company who can give me a payroll in back date to fill in the gap, how does it work, how much they charge.

if i invoke ac 21 after 180 days then can it be for future saying that job available when approved but no job / w2 till it is approved that way i can go out of country for 6 months and come back..my future employer may cooperate but don't know what is safe way here. please advise, thank you in advance

 

[nato]

think it is risky before 180 days, talk to your employer to see if something workable

my 485 is pending less than 180 days from the future employer. i was supposed to transfer my current contract to my sponsor of gc and in the process got laid off.

with his ead, I am searching for new contract to get under my future employer payroll, but it could take time due to holidays, what is the time frame available to me, how long can i be without pay.

do the desi employers have way to get the payroll in back date once i get a contract to fill in the gap, how much of a gap is allowed.

say if it took a long time and ins asked w-2 or pay stub for a period in past, how will i be able to produce that.

does anyone know of such desi company who can give me a payroll in back date to fill in the gap, how does it work, how much they charge.

if i invoke ac 21 after 180 days then can it be for future saying that job available when approved but no job / w2 till it is approved that way i can go out of country for 6 months and come back..my future employer may cooperate but don't know what is safe way here. please advise, thank you in advance

 

[tammy2]

my 485 is pending less than 180 days from the future employer. i was supposed to transfer my current contract to my sponsor of gc and in the process got laid off.

with his ead, I am searching for new contract to get under my future employer payroll, but it could take time due to holidays, what is the time frame available to me, how long can i be without pay.

do the desi employers have way to get the payroll in back date once i get a contract to fill in the gap, how much of a gap is allowed.

say if it took a long time and ins asked w-2 or pay stub for a period in past, how will i be able to produce that.

does anyone know of such desi company who can give me a payroll in back date to fill in the gap, how does it work, how much they charge.

if i invoke ac 21 after 180 days then can it be for future saying that job available when approved but no job / w2 till it is approved that way i can go out of country for 6 months and come back..my future employer may cooperate but don't know what is safe way here. please advise, thank you in advance

If your GC sponsoror is OK with you then it is fine. From your message it seems that your contract is over. Just find out project some where else it is OK.

 

[WorryForGC]

tammy, thanks!!!

you are right the contract is over but this was the one under H1 employer and for the GC sponsor I haven't worked yet. From your reply it seems that I can look for a new contract and route through the GC employer and it will not matter if this search takes 2-3 months and there is no time limit from the gap pespective here, as long as the GC sponsor doesn't revoke the 140 till 180 days and once he revokes it after 180 days it will not matter. please calrify, thanks very much

If your GC sponsoror is OK with you then it is fine. From your message it seems that your contract is over. Just find out project some where else it is OK.

 

[TheRealCanadian]

it will not matter if this search takes 2-3 months and there is no time limit from the gap pespective here, as long as the GC sponsor doesn't revoke the 140 till 180 days and once he revokes it after 180 days it will not matter.

That's correct. Do NOT fudge payroll dates at your new employer, since once the I-485 is filed you can be unemployed for months or years as long as there's a permanent job offer.

 

[WorryForGC]

Thank You RealCanadian, that means at this point

I should focus/worry only about somehow get my sponsor not to cancel, rather than looking for a contract. one more quetion my 140 is approved and the offer was at /hr and no benefits, whereas sub labor was at annual basis, will this come back on me at a later time as the offer not being permanent being /hr or once the 140 is approved it is out of the way...

That's correct. Do NOT fudge payroll dates at your new employer, since once the I-485 is filed you can be unemployed for months or years as long as there's a permanent job offer.

 

[TheRealCanadian]

will this come back on me at a later time as the offer not being permanent being /hr or once the 140 is approved it is out of the way...

The fact that your pay is on an hourly basis does not imply any temporary basis to your job. Annual Salary != Permanent Job.

 

[zhtail]

A similar question

Hi, I have a question for similar but different situation:

I am working for company A, and applying GC by company B through LC and EB2. 140 has been approved and 485 pending for 2 months.

At this time, may I apply a similar job in company C, and the 485 application is still valid?(suppose company B has no problem with supporting me still)
If it is doable, then could I apply the new job with H1-B transfer, how about EAD?

Thank you so much.

 

[nato]

you should be fine working with EAD, nothing to do

Hi, I have a question for similar but different situation:

I am working for company A, and applying GC by company B through LC and EB2. 140 has been approved and 485 pending for 2 months.

At this time, may I apply a similar job in company C, and the 485 application is still valid?(suppose company B has no problem with supporint me)
If it is doable, then could I apply the new job with H1-B transfer, how about EAD?

Thank you so much.