Need Urgent Advice 485 Pending - Lost Job

[time2fly]

Folks:

I need your advice I'm new here, I've been reading the forums but need Ungently your advice.

I had my AOS interview on 11/07/06 and still pending name check for adjudication as the USCIS officer said.

I have no EAD or AP either my wife and kid

I was laid-off on 04/19, My Company gave me Job Discontinue status with 2 months notice, meaning I will be employee for the next 2 months, while I get a chance to get a new job. they said I can switch jobs w/o any problem.

What should Ii do?? beside looking for a job I don't want to jeopardize the GC process.

Thanks in advance

 

[ginnu]

Folks:

I need your advice I'm new here, I've been reading the forums but need Ungently your advice.

I had my AOS interview on 11/07/06 and still pending name check for adjudication as the USCIS officer said.

I have no EAD or AP either my wife and kid
------------------ that is your mistake not to have valid EAD or not filing for EAD, AP. File EAD ASAP
I was laid-off on 04/19, My Company gave me Job Discontinue status with 2 months notice, meaning I will be employee for the next 2 months, while I get a chance to get a new job. they said I can switch jobs w/o any problem.

What should Ii do?? beside looking for a job I don't want to jeopardize the GC process.
------------------------post the date I-140 was filed and approved.
post date I-485 filing date
it seems you are eligible for AC21.

** do you have H1 status? if yes find new employer and join with H1 transfer.
for work you need valid EAD in hand or valid H1 status


Thanks in advance

-------------------

 

[time2fly]

Ginnu:

Thanks for your prompt reply, and support here the dates and details of the process
I-140 Filled 07/12/2005 using a already approved I-140 for substitucion.
I-140 Approved on 12/28/05 Priority date 01/04/2002
I-765 Filled 06/28/05 transfered Local office Phila 03/23/06 Rejected 08/15/06
I-485 Filled 06/28/05
I-486 Transfer local office on 09/06/2006
I-485 FP Code1 11/07/06
I-485 AOS 11/15/06 STUCK NAME CHECK
I-131 Filled 06/28/05 transfered Local office Phila 03/23/06 No answer

Wife: I-765 Filled 06/28/05 transfered Local office Phila 03/23/06 Rejected 08/15/06
Son: I-765 Filled 06/28/05 transfered Local office Phila 03/23/06 Rejected 07/15/06


I have a current H1b on the recond renewal valid from 09/07/04 until 08/04/07 same H4 for son and kid.

Wife an son has the same filling dates dates for I-485 !-131 and I-765 their name check came back but mine still stuck.

What can I do?

 

[ginnu]

Ginnu:

Thanks for your prompt reply, and support here the dates and details of the process
I-140 Filled 07/12/2005 using a already approved I-140 for substitucion.
I-140 Approved on 12/28/05 Priority date 01/04/2002
I-765 Filled 06/28/05 transfered Local office Phila 03/23/06
Rejected 08/15/06 --WHY


I-485 Filled 06/28/05
I-486 Transfer local office on 09/06/2006
I-485 FP Code1 11/07/06
I-485 AOS 11/15/06 STUCK NAME CHECK
I-131 Filled 06/28/05 transfered Local office Phila 03/23/06 No answer

Wife: I-765 Filled 06/28/05 transfered Local office Phila 03/23/06 Rejected 08/15/06
--------------Why, what reason they gave
Son: I-765 Filled 06/28/05 transfered Local office Phila 03/23/06 Rejected 07/15/06
------------ why

I have a current H1b on the recond renewal valid from 09/07/04 until 08/04/07 same H4 for son and kid.

Wife an son has the same filling dates dates for I-485 !-131 and I-765 their name check came back but mine still stuck.

What can I do?
----------- you are eligible for AC21, can join any employer who is ready to give you letter with same/similar job duties and permanent job offer so that you can invoke AC21 but to join new Employer you need EAD in hand or H1 transfer*** join new employer with H1 transfer

--------------

 

[time2fly]

Ginnu:

This is the small notice i've got for all of us.

YOU HAVE FAILED TO ESTABLISH ELIGIBILITY FOR EMPLOYMENT AUTHORIZATION UNDER 8 CFR 274A.12(A) or (C)
ACCORDINGLY YOUR APPLICATION FOR EMPLYMENT AUTHORIZATION HAS BEEN DENIED THERE IS NO APPEAL TO THIS DECISION.
THIS DECISION IS WITHOUT PREJUDICE TO CONSIDERATION OF SUBSEQUEST APPLICATIONS FILED WITH US.

--
My best guest is:
To make this long story short, I came into the US with B1/B2 then applied for asylum while I have a valid visa, on '93 then back on 98 I had the trial and was denied we appeal and on 2001, we've got the final decision and a notice letter on Oct 2001, I took voluntary departure since already had a H1b approved so we came back on H1B, but seems they issue a deportation order for myself and family because they didn't had any records of my departure. this was creared on FEB 2006 but seems USCIS din't close the case preoperly and we became aware of it when they called us for another interview w/ ICE again we presented proof and they claimed was ok and cancel the appointment, un til my AOS interview, which we inquire for it and they said everything is clear but we are waiting for your background check to comes back in order to adjudicate
the AOS. and I've been waiting since then. just in case helps I'm a peruvian citizen.

How long does it take the process for EAD is it worth it at this point?
Thanks again for your support and time.

 

[ginnu]

Ginnu:

This is the small notice i've got for all of us.

YOU HAVE FAILED TO ESTABLISH ELIGIBILITY FOR EMPLOYMENT AUTHORIZATION UNDER 8 CFR 274A.12(A) or (C)
ACCORDINGLY YOUR APPLICATION FOR EMPLYMENT AUTHORIZATION HAS BEEN DENIED THERE IS NO APPEAL TO THIS DECISION.
THIS DECISION IS WITHOUT PREJUDICE TO CONSIDERATION OF SUBSEQUEST APPLICATIONS FILED WITH US.

--
My best guest is:
To make this long story short, I came into the US with B1/B2 then applied for asylum while I have a valid visa, on '93 then back on 98 I had the trial and was denied we appeal and on 2001, we've got the final decision and a notice letter on Oct 2001, I took voluntary departure since already had a H1b approved so we came back on H1B, but seems they issue a deportation order for myself and family because they didn't had any records of my departure. this was creared on FEB 2006 but seems USCIS din't close the case preoperly and we became aware of it when they called us for another interview w/ ICE again we presented proof and they claimed was ok and cancel the appointment, un til my AOS interview, which we inquire for it and they said everything is clear but we are waiting for your background check to comes back in order to adjudicate
the AOS. and I've been waiting since then. just in case helps I'm a peruvian citizen.

How long does it take the process for EAD is it worth it at this point?
Thanks again for your support and time.

you need to see good lawyer

 

[time2fly]

Thanks for your time, already the asylum case was closed, so now only pending was the AOS, but that was the reazon why the EAD were denied.

now in my situation I guess I can only apply for a diffrent job with my H1B if the employer is whiling to sponsor it. or should I re-apply for the EAD I did for y son I don't think he will have any issue because he already went to FP 2 weeks ago.