Sorry to hear that hussamk. I really hope you find another job
really soon.
talongganisa said:
same thing happened to me. i got laid-off, fortunately it was after 180 days of 1-485 filing (and therefore i can invoke AC21). i desperately looked for a job, and it so happened that a friend was starting a new software company. i work for her company in a similar job but without pay (deferred compensation arrangements) just to warrant 485 continued processing. the condition being, the company will support my 485 petition.
last month (and after 1.5 years of working for this start-up), i received an RFE from INS. and it was for Employment Verification (my greatest fear were - if INS asks for paystubs and company capability to pay). my boss-friend drew out the letter, and i made a separate AC21 letter (which i got from this forum). last week, 485 got approved!
you have some time to look for work, i pray you'll find one soon.
Thank you talongganisa ! You've made extremely important point here.
"
No Need to Work for Sponsoring Employer to Use AC21
The Memo recognizes the fundamental fact that the entire permanent residency application process is for a future job offer and, accordingly, the I-485 applicant need not be working, or need ever to have worked, for the original sponsoring I-140 employer in order to benefit from AC21 portability. This is helpful and has been discussed below, under, "Analysis and Conclusion.
"
source:
http://www.murthy.com/news/UDportme.html
"
Essentially, AC21 allows for approval of employment-based adjustment of status applications through an employment offer other than the one contained in the labor certification and I-140, provided certain requirements are met. Those eligibility requirements under section 106(c) of AC21 are that (a) the I-485, Application for Adjustment of Status, must be pending (unadjudicated) for 180 days or more; and (b) the new job must be the same as, or similar to, the job described in the labor certification and I-140 petition.
"
source:
http://www.murthy.com/news/UDac21qa.html
I am not a lawer, and cannot garantee it, but it seems
to me, that what talongganisa has done should be
completely staisfactory for INS. The emplyment offer
is different(no pay- future benefits, but is the beneficiary
employed NOW- yes) than the LC and 140, but AC21 still
applyes because the 485 has not been adjudicated for more
than 180 days.
So, worst case scenario(no job), talk to a damn good lawer
about unfolding talongganisa's scenario.
Hope for the best and prepare for the worst.