Layoff one day after the I-485 receipt date

G

golhon

Registered Users (C)
I browsed the forum but couldn't find exactly the same situation discussed...

In a nutshell my case can be described as follows: I-485 receipt date is Nov-14-2002. On Nov-15-2002 I've been laid off. Sometime in December 2002 I received my Advanced Parole docs. On Feb-18-2003 I started a new job (by applying for a new H1-B). Sometime in May 2003 I received my EAD. On July-25-2003 my H1-B petition got approved.

I consulted with three lawyers, two of them said my I-485 is screwed and not valid anymore, one of them said it's OK and I have nothing to worry about. What do you all think?

Thanks.
 
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Yes, the I-140 was approved before the I-485 was filed. This was not a concurent filing but a classic case: LC (RIR) -> I-140 -> I-485 + AP + EAD. Sorry for the confusion.
 
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I think you are alright if the 140 hasn't been revoked. Check ur case status for the 140 and 485 online.
 
Make sure that your employer that he doesnt revoke i-140. Plead with HR /legal etc

You should be fine if you have an valid unrevoked underlying i140, a similar job and salary
 
FYI 5 days back my friend who is client of Murthy asked her that she said few weeks back in her bulletin that she talked to BCIS H.Q officials and they are going to issue new AC21 MEMO in few days but she informed him that she had spoken to officer but recently when she called up the officer again he said that it is not in his hands to issue new AC21 MEMO as many officers are involved and it may take time and she clearly said that she is not sure of AC21 new MEMO or Regulations when they will be published . AC21cases may be approved or may be denied.
 
Just checked my I-140 status -- the INS tracker is still saying "this case has been approved". Looks like I'm okay for now. Thanks everybody for sharing your opinions.
 
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