Please Help! Mr. Mills and other gurus! What is my status after layoff?

1

1GC_Applicant

New Member
Hi Mr. Mills and other gurus!

My I485 was in for more than 180 days before I got lay off last Dec. But so far, I haven\'t been able to land another job yet. I was hoping my AOS would go through without any further request from INS. Unfortunately, it didn\'t happen. Just check my AOS status on the phone and found out INS just mailed me request for addition information (don\'t know what info yet). My questions are,

1) After I left my last employer, how many time do I have to look for another job without being out of status? Or am I already out of status? If so, what should I do now? Would it affect my citizenship application in the future? I do have my EAD now but the market has been tough.
2) If I found another job soon (I just interviewed with another company 2 weeks ago and it went pretty well), what else should I do other than informing INS of my new employment?
3) I go to school part time getting my MBA now (have one more quarter to go), should I change my status back to F1 by becoming a full time student?

Thank you very much! Wish I found this board earlier!!!
GC_Applicant
 
Laid off is not your fault, but you shouldn\'t be a full-time student if old employer wouldn\'t hire

 
 
You need a permanent full time "similar" position

You have a major problem. You probably have 12 weeks to respond to the RFE. You better find the necessary employment by then or you\'re probably in for a trip home. Remember, your GC is employment based, go employment means no GC.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Valid status

If he got laid off after filing for I-485 he is in valid status. He needs to have a similar job at time of approval but as long as no decision is made on the case, he is in valid status
 
He got an RFE

Assuming it\'s for employment information regarding the future position, the clock\'s running for his response. Failure to respond, or a response that "I\'ve been laid off and I am seeking other similar employment" will cause a denial.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Thanks but...

Hi Mr. Mills, Fuji, and Alan

Thank you all for the input! It has been really helpful.

So, does it mean if I find a job before the deadline to response to the request (12 weeks or 3 months according to Mr. Mills), I would be ok, right?

My major concern was I have already been out of status and even if I find a job tomorrow, I would be toasted by the currest request. On the other hand, if I still have 3 months after receiving the request, it doesn\'t sound that bad to me (Got to be positive, right?).

1GC_Applicant
 
Responding RFE

Most of RFEs people get in 485 are on Paytstubs, W2 or photographs. If you got similar, you need to show your pay stubs
 
rfe type

does anyone know about rfe for employment verification.does it ask the employer to just verify that the person is currently employed or does it ask the employer to state whether the job still exists.
the reason why i am asking this is because im laid off but my company has given me a separation date which is two months down the road.
so what happens in the case that i get an rfe.
because if the attorney replies to the rfe saying that the employment will be terminated on so and so date then im screwed isnt it.
pls help im in a bad situation
 
I am on the same boat

I feel a lot of people are facing this problem. If we got laid off 180 days after 485 submission but didn\'t find new job before approval. Is there any good idea to help on the success of getting approval? If we ask the employer to put lay off date in a later date, will that help on this issue? Does anyone know this? Your advice would be appreciated. Thanks.
 
im not sure whether a future layoff date will help

The reason why i am saying is that the basis of GC is a job in the future and when we get a layoff dt of the future and if an rfe is generated the company might not agree to say that it intends to employ us in the future as already the company has shown its intention of laying u off by giving a future date .
im in a bad situation where i have a future date and im not sure whether its a curse or a boon.
 
Don\'t worry i found out from lawyer that law doesn\'t say that you should have job

till 180 days after filing 485 so sleep in peace regarding that matter.
 
Does that lawyer practice immigration law?

It doesn\'t sound as if that attorney has any idea what s/he is talking about. He may not need to be employed at the time but the person MUST have a job available when the GC is approved and must be able to demonstrate this availabilty any time INS asks about it.

Remember, this is an EMPLOYMENT based GC. In nearly all categories, that means there must be an offer of EMPLOYMENT.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
You need to have a job the day your GC gets approved!!! .

Even if you lose job a day before will cause problem when you try to renew your GC or apply for Citezenship
 
can u tell me the lawyer

As maybe I would like to hire him as my lawyer as once i get laid off my company lawyer will not work for me.
also do u know how much will the lawyer will charge for such a case .
thanks
 
180 Rule

I think Jim M is right, I spoke to attorney couple of days back regarding my case , I\'m also in same boat, I was more interested in joining another company as a full time employee, but my attorney advised me not to join some other company till 180 is passesd , Law doesn\'t say that you should have a job till 180 days but once 180 days is over GO after job and find in similar position.

It is true , when you go to INS (once your I-485 is approved) you should have JOB OFFER...I\'m not sure this will work or not but that\'s what Law says....

Hope this will help...
 
Is this true?

It is possible that I will be laid off one month later. But at that time my 485 submission date has passed over 180 days. I have some family issue which needs me take several days\' unpaid leave. So, I want to request several months\' unpaid leave. And definitely after the leave i will be laid off immediately. So, during my unpaid leave, will INS still approve my 485 if I get any RFE, i.e asking for paycheck stub? Can any one give me any advice? your info will be highly appreciated. Thanks.
 
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