Need your suggestions and opinions - LaidOff/Changed Employer

A

anbu

Registered Users (C)
Hi Guys,

I am a Z. Here is my story....

I was working for a company 'X' and I was informed on 10/10/2001 that my last working day was 11/25/2001 & that I would be laid-off. I was almost ready to file my I-485 & hence I requested my company not to cancel my H1. Since they were interested in supporting me to file my I-485, they checked it out with their Immigration lawyer & found out the legal way to file my I-485 giving me an additional covering letter saying, "Z’s position in this company is still open and company would like to employ Z after the I-485 Permanent resident approval, so please process this application".

I lost my job the month after the I-485 got filed. Then I was jobless for 4 months, got my EAD and my lawyer legally advised me that I could work for any company then. Using my EAD, I found a new job that is similar and 15% lesser salary than the previous company; at a new company ‘Y' after 160 days from the day I filed my I-485 application. I have pay stubs for the past 4 months.

My previous employer and attorney are supporting my application till date. Will I get any RFE? If yes, Will I have to face any serious problem? How I can manage if there is a specific problem? Does INS know about my job status or my employer being changed? I am curious to know about anyone who had gone through the same kind of situations.

All your inputs are appreciated.
 
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RFE on my case

Just now I checked my status. AVM says "Requesting additional evidence or Information "

I shall post the details, once I receive my RFE docs thru mail.
 
Your filing of I-485 was wrong (INS calls that fraud). If, at the time of the filing/ giving you the letter, your previous employer was substantially certain that they could not give you employment in immediate future, they committed fraud. Apparently, they already told you that they would lay you off before giving the letter, it would be difficult to show that they had an intent to hire you in immediate future (which means that the position is open NOW).

Even if above works out, 15% reduction in salary could raise the eyebrows.

Wait for RFE. Talk to a good lawyer.
 
IMHO

There was no need to submit that letter (saying he will hire you back, etc.) from your ex employer to INS. That has complicated the case and made it appear as a fraud case.

Now, the best thing to do is to cite economic downturn and explain that once the economic condition improves, your current employer expects lots of projects where your skill-sets are most required, and hence the assurance of hiring you back.

The RFE reply should also highlight that your skills were very hot at the time of filing for your AOS and, but for the brief economic condition, lots of projects would have gon on stream which needs people with your skill set.

Best of luck
 
This solution was given by immigration attorney only. He found out this was the legal way, while applying for my I-485. Anyway I shall wait for my RFE docs.
 
same story

anbu,
Same story here , GC based on Future Employment but ND is
March 02.
So how did your interview go through?
Please update this site , since there are a number similar cases.
Thanks.
 
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