Please help! I request you to please please respond and give your ideas. Thanks a lot.

4

485still

Registered Users (C)
I work for a consulting company that has a big number of consultants working at the client site from this company. Now the client is in big trouble and started laying off people left and right. I have not been informed from my boss yet about the last day of the work. But I may face this situation real soon. I am at I-485 Stage whose RD/ND is 08/99 and 09/99. EAC # is 99-258. Once I have been layed off, the consulting firm also will lay off. So what should I do? I do not think, just like desi companies, they (Typical american company) will not keep me in payroll.

My H1 also expires at the end of this year.

Under the new law, can I stay back and work for any other company, since I applied my I 485 a year ago. Can I continue my I 485 from where I have been kicked off.

Any comments or suggestions are really helpful. Please advise.

Thanks much
 
No Title

Certainly you need to talk to your lawyer. But this story may ease you a little. I heard one person had similar situation two years ago. After he got laid off he just stayed at home and waited until his I485 got approved. He was lucky because he had no RFE nor interview. You might do the same thing until your approval (which may be any day soon). Good luck for you.
 
No Title

Difficult problem you are facing. What I know is that INS has not issued any guidelines after the passage of S2045. However, I know about a friend who was planning to resign from her job as 6 months have passed since she applied for her. Her lawyer told her not to resign because the current employer may withdraw her I140 sponsorship. What I gather from this interaction is that If your current employer does not withdraw I140 you may be OK if you start working for some other employer in the same field.

Please do consult a good lawyer. May KRISHNA bless you.
 
No Title

Try talking to your boss and explain the situation. Tell him that by December, you should get your green card. Also tell them you can work for less salary if they can help you keep the status.
 
No Title

Consider negotiating with your boss so that you stay on the payroll but go on voluntary leave of absence. This will keep you "employed" by the employer, but they do not have to pay you anything.

Regards

KP
 
No Title

Thank you all friends. May be I should talk to my boss and explain the situation. The things are getting worse day by day. I will keep you informed as I get the info.

Thans again for sharing your ideas.
 
No Title

Dear Friend

If I go on a vacation, I am sure I will be in the payroll with out any pay stub. If I get an RFE for pay stub, do you think the pay stub with zero net will be OK?

Please let me know your thought

Thanks
 
No Title

Buss Babu:

That could be a problem. It is only one option you have. You must realize that any action you take is fraught with some risk.

You should certainly be consulting a good lawyer on this tricky situation. I (and I presume most people) are unfamiliar with the new S.2045 (??) regulation/law that is supposed to be a great help. I would strongly suggest that you get it and read it with your lawyer.

Regards

KP
 
No Title

Thanks KP for your help. Certainly I will consult a good lawer on this. I will keep you updated.

Thanks again
 
No Title

You may wanna tell your employer about the situation and either go on vacation or take checks from them telling them you would never cash it.

Good Luck!!!
 
No Title

This is a no-brainer. S2045 clearly should protect you no matter what the INS say. If the INS regulations are overly restrictive then you\'ll have your day in court putting that right. You\'ve got nothing to lose if you really are going to be laid off. If you get laid off get a good immigration lawyer, a new job in the same or similar occupation and stand up for your rights under S2045.

However, for people who aren\'t going to lose their jobs - I would advise staying put for now.
 
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Dear Ned Kelly

Thanks for the boost. Your words eases me a lot. As some of our friends posted, I did talk to my boss and found that he is also helpless and looks like he was trying to protect his own job. So as soon as I face the situation I will consult a good lawyer.

I am corrently posting the message with different ID. So please ignore the ID.

Also I request you all to please suggest a good lawyer for this.

Thanks for all your help and encouragement.
 
No Title

Never mind about the ID. Buss babu and 485still are the same. Sometimes the cookie is picking up differently.

Thanks
 
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