Please help me what to do !!!!!!!!!

V

vbhatia

Registered Users (C)
Hi everybody,
I am a in a very critical situation . I would really appreciate if you guys could help me out. I need answers to these questions.

I am being laid off. I applied in EB1-OR category ( I-140 AD 10/17/06) and my green card is sponsored by the university. Last date of my employment is 31st of january.

1. What if I don't find a job by 31st of January which is my last day of employment ? Am I out of status. Do I have to leave. What happens ? I got my work card approved recently.

2. I will be using my vacation time from Jan 1 so that I get paid and be in system for Jan. Am I entitled for a nonpaid leave of absence after that or I need to resign or get terminated whatever.. There is no official notice till now.

3. If I don't find a job and I have to resign or am terminated end of January can the university revoke my I-140. I am past 180 days of I-485 filing (RD June 5, 2006)

4. What exactly defines same or similar job position. I am a research scientist right now but finding a research scientist position seems to be impossible right now. What if I get only a post-doc position and salary lower than what I get now. How can l justify it to INS. ? Also what does field of research means. Is it bio-medical research for what my H1-B is approved for or only the research area I am working on right now ?

5. Is the job code same for research scientist and post-doctoral fellow ?

6. What needs to be done if I get a new position either at UTMB or outside. What documents need to be sent to INS ?

Please advice. I feel very tense.

Thanks
 
vbhatia said:
Hi everybody,
I am a in a very critical situation . I would really appreciate if you guys could help me out. I need answers to these questions.

I am being laid off. I applied in EB1-OR category ( I-140 AD 10/17/06) and my green card is sponsored by the university. Last date of my employment is 31st of january.
if I-140 is approved and I-485 pending more then 180 days then you can find new job and can invoke AC21. If I-485 is not pending 180 days on 31 january request the employer not to revoke the I-140(if you think they dont revoke then no need to talk about I-140)
1. What if I don't find a job by 31st of January which is my last day of employment ? Am I out of status.
-------------NO if you have I-485 pending
Do I have to leave. What happens ? I got my work card approved recently.

2. I will be using my vacation time from Jan 1 so that I get paid and be in system for Jan. Am I entitled for a nonpaid leave of absence after that or I need to resign or get terminated whatever.. There is no official notice till now.

3. If I don't find a job and I have to resign or am terminated end of January can the university revoke my I-140.
--------------YES, employer can request to revoke I-140 any time
I am past 180 days of I-485 filing (RD June 5, 2006)
-------------- If I-485 is pending more than I-180 days then you are protected by AC21 (even if employer revoke the I-140) find new job and then invoke AC21
4. What exactly defines same or similar job position.
READ the MEMO and find ans to your question:
http://www.shusterman.com/pdf/ac21-51205.pdf

I am a research scientist right now but finding a research scientist position seems to be impossible right now. What if I get only a post-doc position and salary lower than what I get now. How can l justify it to INS. ?
--------------the LC salary is to be paid AFTER I-485 approval. GC is for future job

Also what does field of research means. Is it bio-medical research for what my H1-B is approved for or only the research area I am working on right now ?
----------------- what was on your LC or I-140 forms? you can get the copy of I-140 from lawyer who filed
5. Is the job code same for research scientist and post-doctoral fellow ?
---READ the MEMO
6. What needs to be done if I get a new position either at UTMB or outside. What documents need to be sent to INS ?
------------- job duties need to be same/similar and you know your field. you will need permanent job offer letter from new employer with same/similar job duties+I-485 filing reciept copy+cover letter to request AC21. FYI INS is no more it is USCIS
Please advice. I feel very tense.
*** others will post for EB1-OR
Thanks
Click to expand...
 
Below are my answers to your question.

1. What if I don't find a job by 31st of January which is my last day of employment ? Am I out of status. Do I have to leave. What happens ? I got my work card approved recently.
No. You will not be out of status if your I-485 is still pending with USCIS.

2. I will be using my vacation time from Jan 1 so that I get paid and be in system for Jan. Am I entitled for a nonpaid leave of absence after that or I need to resign or get terminated whatever.. There is no official notice till now.
Your question is not clear and contradicts with your earlier statement "I am being laid off ...Last date of my employment is 31st of january"

3. If I don't find a job and I have to resign or am terminated end of January can the university revoke my I-140. I am past 180 days of I-485 filing (RD June 5, 2006)
The university can revoke your I-140 anytime. This has nothing to do with wheather or not you have crossed 180 days of filing I-485. In your case, they would basically be notifying USCIS that they no longer intend to employ you. You being past 180 days, only assists you to take advantage of AC-21 law and still maintain your I-485 valid.

If your I-140 is revoked then USCIS would most likely send you NOID ( Notice Of Intend to Deny) to your current lawyer. You would most probably be given 30 days of time to respond with the necessary documents that would justify the elligibility of your I-485 approval under the AC-21 law. If you are able to respond within 30 days with the necessary documents including job offer from an employer for same or similar job description based on which your I-140 was approved, then you should be okay.

4. What exactly defines same or similar job position. I am a research scientist right now but finding a research scientist position seems to be impossible right now. What if I get only a post-doc position and salary lower than what I get now. How can l justify it to INS. ? Also what does field of research means. Is it bio-medical research for what my H1-B is approved for or only the research area I am working on right now ?
If you have your OEC/SOC occupation code based on which your I-140 was approved, then this link may help you clarify your doubts on same/similar job position. http://online.onetcenter.org/link/summary

5. Is the job code same for research scientist and post-doctoral fellow ?
See my answer above. Consult a good lawyer who knows this better.

6. What needs to be done if I get a new position either at UTMB or outside. What documents need to be sent to INS ?
Your lawyer should be able to tell you. Normally, it would be a letter from your new employer stating their intent to employ you, with job description, designation, remuneration on a company letter head and a cover letter stating you are elligible and switching your job under AC21 law. I am not sure if paystubs are mandatory but may help submitting them if you can.
 
vbatia,
I would also recommend that you arrange to file the "change in representation" ASAP. I'm not sure of the exact name of this filing, it basically lets the folks at USCIS know that you are being represented by a different lawyer.
This is important because it gives you a better chance of receiving any USCIS notifications, which would otherwise have gone to your old lawyers.
Also, its always a good idea to be extra nice to the university law firm liason person(s). Whatever you do don't burn any bridges, you might need them before the end of your journey. If for instance you get an RFE on the 140, or any other such processing action including denial, you/your new lawyers are unlikely to receive this notice since the 140 is technically owned by the university and only the 485 is owned by you. Hence you'll need to constantly monitor the online status, LUD etc and try to find out at the earliest if indeed there is some action on the 140.

-phuket
 
Thanks for the reply

Thanks for the reply Phuket.

Although my I-140 was sponsored by university they don't have attorneys to represent our case. Everything is done by international office. I hired my own attorney. The problem is he don't seem to be very good. I don't plan to change my lawyer but I would still consult another good lawyer regarding this. Whenever we recieve anything from USCIS it comes to my attorney so I don't think recieving notices from USCIS will be a problem. I am also monitoring LUDs everyday since TSC processing date is past my I-485 receipt date and in a month I would be able to enquire if the dates move at the same pace in the next month. I just pray to GOD some miracle happens soon. Please advise if there is something else I need to do.

Thanks again

Vbhatia
 
Phuket,

Also I would like to mention that when I got my I-140 approval notice the I-140 notice was sent to my attorney and a copy was sent to international office at our university. So I think that even if there is some RFE or denial notice it should come to my attorney.

Thanks
 
Ac21

My I-140 is approved for outstanding professor/researcher category. (12/06)

My lawyer is telling me to apply for I-140 for EA1a and NIW categories.

It is to protect me in case some thing happens to my current job? Is there any need for such application? Can’t I make use of AC21 after 180 days of I-485 filing and maintain my status?

Appreciate your feed back.
 
portability issues

Hello

My situation is more or less similar to vbhatia. I also applied in the EB1-OR category. PD 05/22/06 through the university. I140 approved 06/22/06;

Although my visa number became current in september, I applied concurrently both I140 and I485 (lack of knowledge and general stupidity). My I485 is pending in TSC. They have fortunately not returned the I485. My FP was done in june. My last LUD on the 485 was on August 11th 2006.

I have obtained my EAD but continue to work on H1B. My question is have I crossed the 180 days portability rule? If I count from May 24th (day when TSC received my 485), I have. Counting from September (visa number became current) I have not.... Any advice ?

ni12
 
I think it is 485 RD as USCIS accepted your 485 but better to calculate from Sep. for your safety. You never know, what uscis will interpret !!
 
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