Please Help!! 140 Cleared - Now Expecting Lay offs

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atlantabhopali

Registered Users (C)
Hello GC experts,

My Labor was approved in Aug (chicago) and I had chosen CP over 485 while filing for 140.

The lawyer now informs me that my 140 was cleared in last week of Oct. However, layoffs are looming large over my firm and I am told that I may loose the job anytime between January and March. At best, I may be able to convince my employer to give me a 1-2 extra months..

What are my options to salvage my GC? Specifically:
1. Can I expect to get an interview before March?
2. Can "AC" route help speedify the process? My lawyer says AC takes the same time as non-AC route as it moves very fast these days
3. If I file 485 now along with EAD/Advance Parole, when I can expect my EAD application to be approved? Do I have to be with the firm for 180 days after the EAD approval to continue the GC at another employer?

Please let me know your suggestions.

Thanks

ab
 
Originally posted by atlantabhopali
Hello GC experts,

My Labor was approved in Aug (chicago) and I had chosen CP over 485 while filing for 140.

The lawyer now informs me that my 140 was cleared in last week of Oct. However, layoffs are looming large over my firm and I am told that I may loose the job anytime between January and March. At best, I may be able to convince my employer to give me a 1-2 extra months..

What are my options to salvage my GC? Specifically:
1. Can I expect to get an interview before March?
2. Can "AC" route help speedify the process? My lawyer says AC takes the same time as non-AC route as it moves very fast these days
3. If I file 485 now along with EAD/Advance Parole, when I can expect my EAD application to be approved? Do I have to be with the firm for 180 days after the EAD approval to continue the GC at another employer?

Please let me know your suggestions.

Thanks

ab
Click to expand...

It is unlikely that you will get a CP interview date before march. It takes anywhere between 4-6 months after NVC receives your case from INS to schedule an interview.

You cannot use AC-140 route since you already specified CP option while filing I-140.

EAD/AP applications are normally approved in 2-3 months, depending on your INS service Center backlogs.
AP is required only if your H1 is expiring soon or if you want to use EAD to change jobs AND travel outside US after using EAD.

INS interpretation is that from the day of filing I-485, your employer should have the job offer available for at least 180 days before you can use portability to switch jobs. The 180 days clock starts ticking from the day I-485 is filed, not after EAD or AP is approved.

If you can file 485 right away and convince your employer to give you until May 2003 (and get that extension), you should be OK. CP does not appear to be a good option for you.

Good Luck!
 
More importantly, you will be appearing for the CP interview with the knowledge that you will not be having indefinate employment with the sponsor. Instead of having to deal with a misrepresentation that may haunt you later on in life, its best if you use the portability provided by the law when you use 485 and AC21.
 
nkm oct 23: If I go for 485...

I did not know that I can change jobs after 180 days from filing the 485 - always thought it was 180 days after EAD approval...

Assuming that I file for 485 by end of Nov and the employer gives me extension till May 2003 for the layoff, please help with the following questions:

1. How much time would I have to get a new job to continue with the GC? Is there a timelimit for being out of employement after which the GC has to be re-started?

2. Will I have to get a job in the same field as the one I have currently filed GC for? Say can I move from Industry to consulting or vice-versa, if the general skill requirements remains the same?

3. Will I have to get a new H1 at my next job or can I join the new job based on EAD?

4. If I continue with CP, what would be a good estimate of my interview dates and completion of GC process? If the last stage of CP can be completed in 6 months, wouldn't it be better to get done with it rather than going the 485 route which anyways will mean keeping the job for 180 days?
 
Re: nkm oct 23: If I go for 485...

Originally posted by atlantabhopali
I did not know that I can change jobs after 180 days from filing the 485 - always thought it was 180 days after EAD approval...

Assuming that I file for 485 by end of Nov and the employer gives me extension till May 2003 for the layoff, please help with the following questions:

1. How much time would I have to get a new job to continue with the GC? Is there a timelimit for being out of employement after which the GC has to be re-started?
2. Will I have to get a job in the same field as the one I have currently filed GC for? Say can I move from Industry to consulting or vice-versa, if the general skill requirements remains the same?

3. Will I have to get a new H1 at my next job or can I join the new job based on EAD?

4. If I continue with CP, what would be a good estimate of my interview dates and completion of GC process? If the last stage of CP can be completed in 6 months, wouldn't it be better to get done with it rather than going the 485 route which anyways will mean keeping the job for 180 days?
Click to expand...

1. This ia a gray area. INS will usually send an RFE asking for a new committment from your employer that the job offered is still available. At that time you should have *a* job that is similar to the one in your LC. If you are unemployed at the time of RFE or I-485 adjudication, INS can possibly deny your case.

2. Your new job should be similiar to the one in LC with regards to job description. Your new salary should be at least equal that in LC.
Remember that some people have gotten away without an RFE. It is all a matter of chance. But if your company's layoff is well publicized, then INS will make a note of it and issue an RFE for continued job availability.

3. You can start your new job with your EAD. Theoretically you can apply for a new H1, but I seriously think few employers will be willing to process your new H1. Also this creates a record with INS that you don't want.

4. CP processes have been changing and timelines have generally increased. Im my case my I-140 was approved in Jan 2002 and my interview was in Oct 2002. have you received anything from NVC about your case? Your case should have reached NVC by now. I-140 approval to interview takes 6-9 months.
 
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