Need Help - Lost Job

A

akram

Registered Users (C)
Hi!

My friend applied for I-485th ND Feb 4, 02. His last day at job is Today
(Apr 24, 2002). Got EAD just Last week and don;t know what to do. Iam
listing out the options. Please let me know your opinion.
(Note: it is
 
Hey, I\'m in almost the same situation.

My ND is 02/04/02, RD 02/06/02. Did my FP on 03/30/02.
Lost my job 2 weeks ago. Talked to my company lawyer and was told that I will be out of status that day. But he won\'t tell anything else cos\' he don\'t represent me no more. ASShole!
Anyway, talked to a couple other lawyers and was told i am still in status since my case is pending. The key is that my ex company won\'t tell my ex lawyer to send in a notice to INS sayiny that I\'m not longer there. My ex company is holding that up for me.

Need to find a new job with the same job description soon. And a lawyer. From what I know, if we ever get RFE or interview, we could use the new employer, as long as the old employer don\'t inform the INS.

hope this helps
 
what happens if 180 days are passed

Hi jimmyk888 ,
          what happens if 180 days are passed? Does your exemployer has any control on your I-485? I mean if he informs INS about the layoff, would there be any problem?!
thanks
 
well, it\'s all a game right now.

If they send the notice a month before 180days has passed. INS most probably won\'t read the notice till 2 months later. Then that would consider 180 days has passed.
Does that make sense?
To me, it\'s really all a waiting game.
 
Thanks Jimmyk888

Keep in touch. Do you know what if my friend doesnot have job.
and in the mean time there is an RFE ? what do we reply.

Right now my friend is in the same situation like yours. The company lawyers give political answer. We cann\'t make out much of it.
 
Going at the present rate of adjudications, i don\'t think ur date will come before Aug-Sept 2002.

by when ur 180 days would have been over. So a good thing to do is to search for an alternate job and work with EAD. But the better thing is to see if u can somehow stick on with the current employer by striking some deal or something like that like working on a contract and still on the payroll of the current employer. Hope you will get ur approval without any RFE.
 
striking a deal with employer

I have tried that with them. Wanted to have them put me on medical leave or something. But they are so "by the book", they told me it\'s a company liability issue that they can\'t do that. The company\'s lawyer advised them not to do that too. Well...what can I say? The company even offer me a plane ticket home. What a joke? They think i could just pack up and leave. Whatever.

Only thing you should at least do is to ask the company not to send the termination notice to INS. Which is what I think my company is doing. If that\'s the case, he should be fine.

Anyway, i\'ve talked to one reasonable lawyer, he told me to get a job real soon. And contact him if ever gets RFE and he could fight it for me. Basically, he told me AC21 is pretty vague in description like for example, it didn\'t really explain what would happen to people who got layoff before 180 days. Especially in this bad economical times.

Well...lets keep this posting going. I\'m sure someone else might find this useful (hopefully not).
 
reply to jimmyk888

AOSWaiter_485 "****AC21 law discussion" 2/24/02 2:12pm

I am sure that you must have read the above link on ac21 law discussion. I have given you the link above in case you wish to refresh your mind.

Now what the lawyer is referring to is that 99 percent your case will not be adjudicated within 180 days.

The AC21 law says if INS has not adjudicated your case and 180 days have past and your change of job is similar job description then you are okay. The best guidance that I can say is

find a job asap
try to request new employer to do transfer H1
if this is not possible work on EAD

keep reading about the INS rules
there is a group on Yahoo groups
I hope you are aware of this
this is for ac21 changers
regularly people are posting messages there.

In case you are not aware of this group do post a message and I shall reply.

Best of Luck
 
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