Please help - lay off while working on EAD

G

GC092002

Registered Users (C)
what are the consequences? Has anyone faced same situation? Can I go back on H1?

Can I get any allowance from government being laid off?

What can happen if I receive RFE or is employment letter needed for final GC stamping?

I am really worried for medical insurance for my kids. Does anyone know medical insurance scheme in NJ?

Please share your thoughts.

Thanks.
 
Need to find another employer ASAP

There might be medical coverage thru COBRA. As u r in AOS, status wise ok, but u need to find another job ASAP coz if there is an RFE u need an employer.
 
GC092002

Just calm down, think this as a unpaid vacation. But, seriously look for a job ASAP, do not waste anytime, do not think much about the layoff, that is past. Be prepared for the future dont get yourself stuck with the past.

GOOD LUCK!!
 
Sorry to hear about your lay-off. That's a reality in corporate America. You're in a much better position with an EAD and a pending 485. I was laid off just one week before my CP Interview and all the waiting (3 yrs for Labor Approval, etc.) and the GC went down the drain. Luckily, my spouse's 140 was approved and we immediately filed for our 485, and are now waiting like everyone else. I was out of a job for about 3 months but I thoroughly enjoyed the company of my one year old son then. My spouse too was out of a job for about 4 months. Yes, do try to look for a job as soon as possible. Keep your chin up and try your best. You'll succeed soon. Look at the flip side, now's the best time to spend quality time with your family. I know some states offer free or cheap child health insurance. You might want to check with your state. Also, you could use COBRA but that's usually expensive. I know of a friend who has taken advantage of unemployment benefits, but I would be careful with that. Once you have a new job, even if you get an RFE you can show USCIS the required documents from your new employer. Best of Luck.
 
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Sorry to hear about your layoff, I would recommend what others recommended, be strong and look at the brighter side of spending some time with your family.

Hope you get a new job soon, all the Best....
 
Thank you, all for your wishes.

You all have been so supportive and encouraging. Thanks to this site.

Mavishka, I felt better about my situation after reading your story. Thank you for sharing and comforting.

I am trying to think positively but it is not easy though. Yes, sure I would be glad to spend time with my family.

The problem is only for RFE if comes.

Wish me luck friends. I hope I get approval very soon.

I will need to get my IEAD if does not come within 90days period. Do I need employment letter there?
 
Hi GC092002, sorry to hear about your situation. An employment letter is usually not needed for iEAD. Please don't worry too much about RFE at this point and hope that one does not come. Right now please try hard to find a job as mavishka and others have suggested. Hopefully you find one soon. Best wishes.
 
Additional points

1: Hopefully the litigation will favorably address issues like this.
2: What kind of company? Whose fault and why layoff? Are they going to inform CIS?
3: It is advisable to avoid Unemployment Insurance, as is a grey area.
 
you can get unemployment. Just apply for it. They will need a copy of your work permit. I went through a lay off myself and was without job for s few months during which period I did receive unemploymrnt. I was in massachussets back then.
 
Re: Additional points

Originally posted by cinta
3: It is advisable to avoid Unemployment Insurance, as is a grey area.
Click to expand...

There is no "gray area" with UI. It is perfectly acceptable, provided you have an EAD and are eligible to work.
 
yeah, what's the deal with UI? In my state, it is 100% employer-paid, so it is not a public benefit (even though it is administered by the state), but can this be used against your I-485 under the "likely to become a public charge" provisions?
 
As far as my opinion is concerned, claiming UI while waiting on an 'Employment Based' 485 is legal but not entirely ethical. It is unlikely that USCIS will probe into a state's UI claims and use the "likely to become a public charge" provision, but then anything is possible with USCIS. So better be safe than sorry. My 2 cents.
 
Originally posted by bumblebee
yeah, what's the deal with UI? In my state, it is 100% employer-paid, so it is not a public benefit (even though it is administered by the state), but can this be used against your I-485 under the "likely to become a public charge" provisions?
Click to expand...


Nowadays,

People are thrown into dark cells for no reason and no accountability. Certainly the CIS would use this UI against you in case of some RFE or later on..that was my point. Besides is a personal choice. If you want to write to your Congressman or Senator and point out your beneficial contribution to the US and society in general, IT DOES NOT HELP TO BE UNDER UNEMPLOYMENT INSURANCE.
It does not further our causes either. It may be legally perfect, no doubt about it.
It also contradicts the DOL (LC) permanent employment and dual intent besides the Employment Based GC application. Where is the permanent nature of the job???
 
I think there is a difference between 'Intent' and 'Will' as far as employment goes. 'Intent to employ permanently' does not mean 'Will employ permenently'. Any company can layoff anyone for reasons like bad performance or financial problems. That's the reason the AC21 law is created. You can join any company under same lobor condition after 6 months of RD of I-485. Getting a job after being layed off is a classic example of AC21.
As for UI - personally I won't avail it to remain safe.
GC092002 - get a job ASAP. Also I would advise you have your kid's medical insurance rolling under CORBA. Kids need it much more than us. GOOD LUCK!!!
 
Again thanking you all..

I am working hard to get a job ASAP. Lets see what happens. And I am thinking about having insurance using COBRA only. I searched and found that it is better not to go for UI.

Company gives reason of finance problems. So many problems will arise because of this..haven't told our parents yet...won't be able to face when they will find me home and not going to work. It is hard to make them understand these problems.

Ok, back to job hunt..
 
GC092002

GC092002 : You are not alone. All of us consultants/ contractors at some point in our 2 years of waiting for 485 approval have to go thru' this.

Here is my advice for you:

COBRA: Insurance.

COBRA is not always expensive. You inherit what the employer paid for you + a small service charge. According to the law you can stay on COBRA for the next 18 months. Employer has to have a minimum ( i don't remeber the number ) # of employees in group coverage to offer COBRA.
COBRA comes in handy if you or any family members have a precondition or if your wife is pregnant as an example. Shopping for an Individual plan will be expensive if you or any member has a precondition.
Also if you or any member drop off of COBRA to save some money, then remember that you cannot get back on. I had read a very candid article on COBRA long time ago. if I find it I will forward it to you. Also if you plan to buy your own ins. some Ins. Co'c depending on State require that you have 12 months of continuous coverage. This whole Insurance thing sucks in this country. I myself worked for a big Health Insurer.

UI: My take on this would be to keep away from this & wait for your approval.

Loosing Jobs is a way of life here in the US. Try to eduacte your parents, but I know it is hard cause I myself went thru this.

Good Luck with you job search.

BTW What SME are you?
 
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"Loosing Jobs is a way of life here in the US", well said JimKelly. It is absolutely true. Take the lay off easily and go hard on job search. I myself got laid off as a consultant (due to a merger) in the last month and found another project within a week. Actually i found 2 jobs within a week. So just relax, be confident, prepare well for interviews, post your resumes on job sites like Monster and Dice and also keep applying to the jobs advertised on these sites (because most of the companies do not look for online resumes). Go very aggressively. Apply for atleast 100 postings per day on the internet. You will get a job within 2 weeks. One more important thing. Be very confident in the interview. Do not show any nervousness. You seem to be a nervous person(otherwise who is scarred of a lay off in this corporate world) and you got to control that in the interviews. Good luck.

PS : You will have 3 months time to reply an RFE. So don't worry about not having a job when RFE comes. In the worst case, some body should help you by putting you on the payrole temporarily.
 
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