Lost Job while I-485 Pending

V

vkb

Registered Users (C)
Hi
   I lost my job today with a 15 minutes notice .Comapny ran out of money.
 My I-485 is pending.
My details
   RD 8/18/99
   ND 9/10/99
   FP Done on 8/3/00
  EB-2 NIW (Company sponsored)
  H-1 Expired in Sept. 1999
  EAD issued in Oct 1999 till Oct 2000

  EAD renewed in Aug 2000 till Oct. 2001
 Service Center VSC
  What will happen to my GC-application ?
What are my options ?
Please advice . Thanks
 
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This is sad. Talk to an attorney. You are NIW so you might have chance. I have heard once you go on EAD then it does not matter for NIW to lose or change job. Talk to attorney though.
 
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Another possibility is Attorney Certified I140 which allows you to do expedited Consular Processing (even if you are on EAD) on grounds of hardship. Only, your permanent residence outside the usa should be in the jurisdiction of a consulate which does AC-I140 (e.g. mumbai).
 
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You may still get your GC approved despite what happened. With ND in 8/99 you may get approved in the next few months.

Similiar thing happened to me. My company was acquired by another a few years ago after I filed my I-485 (LC-based). A few months later they announced that they were going to close my facility permanently. My I-485 was still pending. I decided to apply for EAD at the local office and transferred to another position within the company in a different city. Technically speaking I could be in big trouble since my GC was LC-based and the new location of the new position would\'ve probably required a new LC, but I thought since I stuck to the same company in the same state with similiar job title, if I kept quiet it might all be okay. The GC was approved 7 months after I transferred to my new job.

I\'m not suggesting that you just sit and hope that your GC gets approved. I\'m merely saying that it\'s an option that you can consider.

Good luck buddy.
 
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truly sorry to hear this. Best wishes. perhaps what Kehlar suggest will work out for you - I certainly hope it does.
 
No Title

I feel sorry for you, What you can probably do is to talk to the company and have an understanding that they can still continue to help you in 485 queries (if at all some thing comes). This is possible since the company is not closed (per your posting). You can get another job with your EAD and still continue to earn for your life.

Hope this helps.
 
No Title

Really sad...but U know, the samething happened to a guy from Cadence in CA.
He talked to the company and they agreed to let him stay but with no pay.
If you want I can find out the details for you .
All the best!
 
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Hi guys, You are scaring me.

I am a new entrant to this message board. My details:

EB2(India) - NIW
PD - MAY 98
485 ND - Oct 5, 99
No FP yet.

I thought NIW means freedom. You are not tied to employer. When people make reference to NIW (COMPANY SPONSORED) i do get totally confused. There is NO such thing as company sponsored NIW.
Any comments

sri_ver10
 
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VKB, my case is just like your\'s: NIW company sponsored and got laid-off. First things first, DO NOT WORRY TOO MUCH. I ran from lawyer to lawyer (all renowned in this area and one from west coast also: spent $800, just for consultation) in December, 1999. Concentrate on finding a job in the same area/field, which is the basis of your NIW petition (it in fact took me 7 months). As per the law (my lawyer gave me a copy of it and I am quoting from it), if the employer (who filed a petition for a national interest waiver on behalf of the alien) withdraws the petition, it still may be a basis for the alien\'s permanent residence if the underlying ground for the waiver is the alien\'s industry-wide contributions which another employer can use. So, it really doesn\'t matter whether it is self-petitioned or employer sponsored. If we don\' t get either an RFE or interview, we are risk-free. Hope this helps and best of luck.
 
No Title

Hi VKB,

Do you think you could provide us some reference to the "law" that you have referred to above. I surely can use it.

Thanks.
 
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Hi Amir Khan

   I am sorry, I do not know anything about that law. That message was from ASC. We should ask him.
 
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Hi ASC

 Can you provide some details about the law you mentioned.
Thanks
 
485 was pending when I lost job, can I use it when my husband applies for 485

Hi,
  I lost my job in Nov while our 485 application was pending at Nebraska Service Center. Receipt Date: Sept 2001. I was the primary applicant and my husband was also on the application.
FP was done in Dec 2001. Subsequently, I have applied for an H4 and is pending.
My husband recently got his I-140 approved through his company. Can we switch the primary applicant on the pending I-485 application and continue. How can we leverage the application ?? Please advise !!! Thanks
 
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