One Simple but important Question

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ranvir_usa

Registered Users (C)
All gurus in this forum,

I have one simple question"

"If I have my i-140 approved and 1-485 > 180 days, I understand that I can use AC21 but if I am victim of sudden layoff and for some reason if I have a gap 1-2 month in getting new job then how I am going to be affect at the time of approval? or do we have any specified timeline before you have to be in new employment"

Kindly answer as it might help a lot.

Regards
 
ranvir_usa said:
All gurus in this forum,

I have one simple question"

"If I have my i-140 approved and 1-485 > 180 days, I understand that I can use AC21 but if I am victim of sudden layoff and for some reason if I have a gap 1-2 month in getting new job then how I am going to be affect at the time of approval? or do we have any specified timeline before you have to be in new employment"

Kindly answer as it might help a lot.

Regards
Click to expand...

Even thought every event is different but talking the worst case situation:

Day 1: Layoff
Day 1: Company Lawer widhdraws I140
Day 15: INS sends a NOID to cancel I485
Day 45: If no AC21 is received INS denied I485/EAD/AP. Now onwards the stay on the US is not legal for the affected party.

But typically Company will not inform INS about I140 withdrawl at or or will inform much later, and if u file AC21 anytime before the company files I140 withdrawl notice, the affected party is safe.
 
there is no timeline. you just need to be employed when your 485 is being ajudicated because GC is for "future employment". In the case your previous employer sent a withdraw letter, since your 140 has been approved and 485 pending for 180 days, it won't affect your status.

you just need to be employeed when you got RFE or interview request.
 
No timeline

But if INS request for any month's pay check and you are not able to provide then .....? Can they deny on basis of that ?
 
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