Layoff before 180 days : HELP

F

fasterGC

New Member
Hi,

I have been laid off before completing 180 days.

I received my EAD card and also finger printing request. My 485 was filed in mid June 2002

Is there any way to salvage my GreenCard or is it lost completely ?? AC-21 doesn't seem to be favourable for my case.
Do you know of any such cases that have been approved thus far ??

Any responses will be very helpful.

Thanks a lot for your help guys..

Best Regards.
 
Well, AC21 is with you as long as you find a similar position ASAP which is probably not an easy thing to do this days.

180 days rule, as not very clear but most people would understand, is that you can change to a similar job ANY TIME after filing the I-485 provided that the case is not adjudicated by INS within 180 days which is impossible anyway.
 
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hope

While your situation is not so positive, you haven't lost it all. AC21 regulations are not out yet, and it can go either way.

Unless a miracle happens (INS makes a great mistake) your case will not be adjudicated within 180 days of RD. In the meanwhile, you have plenty of time to find a new job and start working. IN case of an RFE, you will have a (FULL TIME) job, pay stubs, and tax returns.

The only caveat in your case could be working less than 180 days for the sponsor. Well, there are lots of such cases, and as long as 180 days have passed and you have a new job, there could be a hope. So don't loose hope, that's the only thing which will keep you going. Keep it up ...
 
Yeah all the above posts are correct. I confirmed this with my attorney a few days ago since I was also in great fear to be laid off before 180 days. As long as you find a similar job and INS doesn't ask for your employment info. before 180 days, you're Ok. He said that THIS IS INS'S INTERPRETATION OF AC-21. My attorney said that he had a number of his clients with situation like you who got approved.

What I am still not so sure is what's INS's definition of a similar job? I might get an offer from my current employer's clients if I get laid off but it will most probably be a temporary position, i.e. a contractor. Will it be good enough or it has to be a permanent position. I will confirm this with my attorney since he said that as long as I was with my current employer all consultation fee would be paid by the company. I might as well take advantage of this.

God bless all of us.
 
GC Job

The job on which you will get the GC should be a FULL TIME permanent job. Don't ever file/submit for 485 - a Contract position which shows its duration (i.e. end date - for that there are H-1s)
 
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