Please advice

S

srbose

Registered Users (C)
Please advice if you are aware of this kind of case,

After I-140 approval, company laid off an employee due to economy or Market condition. Employee found a job same or similar kind of skill sets on which LC was approved on H1B? Can he/she can file AOS from his/her current company based on old LC and I-140 approval from Ex Employer?
 
As long as his lay-off company not cancel his 140. As your friend not inform INS about his layoff.

If the company did the same not informing his layoff, he is very safe. He can apply for AOS and ask him to wait 180days and use his EAD.

Make sure is 140 sould not revoked in between. Ask him to check his 140 status all the times after his filing 485 180 days.

Until that time he stays on H1 Visa or NIV he is fine.

Or

There is one more way, I am not sure how it can. Some one told me that we can continue the labor PD or some thing...

Let give some suggestions for the second one Guru's....

BaSh
 
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Check you I-140 status. If it is not revoked apply for I-485 without enclosing the employment letter as do not want to lie. After six month send your new company's employment letter.
 
SRBOSE,

The way they are working it is almost impossible to get a decision in 180 days. My I 485 toke 881 to come to a decision.
You should contact your lawyer and look for a job quickly.

Best regards,

JLSBR
 
Yes it nearly impossible. But incase if you feel that it will be approved before 180 days you can always delay your Finger printing.
 
Suggestion Please

When FP is completed and received by TSC before 180 days of AOS filing , how one can delay the the processing so that it can cross 180 days.

I truely appreciate any kind of suggesion
 
It is texas service center man !!!

I bet no one will get approval in 180 days with Texas Current Processing Times.

If some thing happens he will be loosing the attorney fees.

Don't worry and ask your friend to file immediately. If he delayed he will be the looser....

BaSh:cool:
 
srbose,

All that the gurus said above is basically true, however I would sugest you look for a good lawyer and continue to look for a job in the mean time.

Regards,

JLSBR
 
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