Please Advice !!!! Urgent Need

J

jr4173

Registered Users (C)
Hi All:
My employer has filed I-485 last Monday of this week, and layed off about 70 people, including myself yesterday. I have asked my company to carry through the I485 processing and they have agreed kindly. I will be on leave of absence status for next 5-6 months.
1) The question I have now however is what are my options?
2) Can I work now somewhere as a independant contractor?
3) Any impact on my application?
4) Any suggestions would be appreciated.
Thanks.
 
i dont think you can work

It is sad to hear about your loss. As i know , to use 180 day rule , you should be with current employer who filed 485. After that you
can change job.
 
No Title

Once you get the EAD, you can work with multiple employers. So if you can successfully prove to INS (if it asks) that you were employed by your current employer for 180 days but you were just on leave while working with the other emplyer, it might work.
 
Dont you worry at all

If your employer is going to keep you on rolls till you complete 180 days from RD, then you dont have to worry at all. I would suggest you take a legal opinion. But my understanding is, if you can get an EAD then you can work for anybody in this country, as long as you also are on rolls of your current employer. Only thing you have to keep in mind is, after 180 days you have to show an offer of appointment from some company which will be with same salary as you earn now and also in the same capacity. The job categories are very important and make sure you get a I-140 approval notice which, I think, will have job category.

For getting EAD, I heard, not sure, that one guy went to the Boston INS office and got the EAD with showing the Fedex acknowledgement of I-485 before 90 days of RD. I am not sure whether it is true or whether it can be done only in Boston. Please check on that.

Good luck buddy.
 
Actually, it\'s not that complicated

Have you worked 180 days with your current employer? if so, then you need to find yourself a new job in the same area and then you\'re OK. The key thing is to have this job when you get your status adjusted - and that too just in case they send you an RFE for this. If they don\'t ask you for an RFE, then you\'re home scott free as you\'ll get your approval in the mail.

On the other hand, if you haven\'t finished 180 days since filing your I-485 with your now ex-employer, then you should get yourself a new job, and immeidately apply for a new I-140. As long as the new I-140 is in the same field as your old job, and your old employer doesn\'t yank your I-485 application, you can apply your new I-140 to the old I-485 filing at the time of adjustment - THAT isn\'t a problem and has been used at the INS for several years.
 
STill easy

Green card is future job and not for cuurent job. Once you file 485 you can work for any employer or any type of job until 485 is approved. If you work for different employer then sponsoring employer should undertake to employ you on approval of green card.
This is pre AC21

post AC21 -- If you change employer and INS adjudicate your case within 180 days then you are in troble. If INS does not adjudicate within 180 days ten at the time of approval you can work with any one but on a simillar job. Until that point of approval you can sell pizza and is perfectly legal
 
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