Please help....will be laid off

[Berry2]

I am hoping someone in this forum can please help me with my situation. Please see my case detail below.

Priority Date- March 2005
I-140- Approved July 2007
I-145- Filed November 2008
Fingerpriting- November 11, 2008
Will be laid off- May 10, 2009.


Please someone tell me what I can do to not lose getting my greencard. I do not know what the possibility is of getting a green card is before my lay off date. I am still in negotiations with my employer to extend my employment termination date but I do not know how successfull this will be. I currently have some accrued vacation of close to 2 months. I am trying to convince my employer to allow me to extend my termination date with my accrued vacation. Is it also possible extend my termination date with an approved leave of absence. I am just trying to figure out what my options are here provided I do not find another job by May 10. Any information provided would be greatly appreciated. Thank you.

 

[nscagony]

If your employer does not withdraw your I-140, your case will remain pending. Find a new job that is comparable and inform USCIS once the I-485 has been pending for 6 month (AC21). This isn't as safe as if the I-485 been pending already 6 month when you switch, but it does sometimes work. Otherwise you will have to start over.

 

[Berry2]

Thanks for your response. My employer does not plan to withdraw the I-140. My employer plans to keep me till the 180 days rule is met which is why they extended the employment date to May 10, 2009 so according to my understanding I cannot change jobs until then. Whta are my options in case I do not find a job by May 10, 2009. Can I still remain in the US legally. How can I keep the GC process going?

 

[TheRealCanadian]

so according to my understanding I cannot change jobs until then.

You probably can. You can certainly get the process underway of finding your next job.

Whta are my options in case I do not find a job by May 10, 2009. Can I still remain in the US legally.

Absolutely, so long as your I-485 remains pending.

How can I keep the GC process going?

Find a new job, and notify USCIS once you have it.

 

[Berry2]

You probably can. You can certainly get the process underway of finding your next job.

I am already in the process of finding another job but how am I able to change jobs before the 180 day rule


Absolutely, so long as your I-485 remains pending.

So if I don't find a job I can continue to stay in the country. I don't quite understand this, please expantiate


Find a new job, and notify USCIS once you have it. So I can continue to search for a job but for how long and stay legally in the US? I am not quite sure what you mean. Please expantiate.[/QUOTE]

 

[ginnu]

You probably can. You can certainly get the process underway of finding your next job.

I am already in the process of finding another job but how am I able to change jobs before the 180 day rule

----------------------------If you are on H1 status join the new employer with H1 and join once get the H1 filing reciept from USCIS.180 day rule is to invoke AC21 with pending I-485.

Absolutely, so long as your I-485 remains pending.

So if I don't find a job I can continue to stay in the country. I don't quite understand this, please expantiate

------------------you have your Adjustment of status PENDING (or I-485pending) and with that you CAN stay. for work you need H1 or valid EAD. use of EAD will invalidate H1 status.

Find a new job, and notify USCIS once you have it.
So I can continue to search for a job but for how long and stay legally in the US? I am not quite sure what you mean. Please expantiate.

---when I-485 is pending one is staying legally in the US. for I-485 approval you will need permanent job offer from US employer. If your PD is not current and you don’t expect that I-485 will be approved immediately then 1-2 month without job is not a problem[/QUOTE]

-----------

 

[Jackolantern]

I am already in the process of finding another job but how am I able to change jobs before the 180 day rule

You can change jobs before 180 days, as long as the employer doesn't revoke the I-140 before the 180 days are completed.

So if I don't find a job I can continue to stay in the country. I don't quite understand this, please expantiate

The pending I-485 keeps you in legal status. However, it is not a good idea to remain jobless for a long time, because if USCIS sends an RFE about your job status they will deny your case if you don't have a job or job offer that is "same or similar" to the originally sponsored job.

Do you have an EAD? Or have you applied for one?

 

[Berry2]

You can change jobs before 180 days, as long as the employer doesn't revoke the I-140 before the 180 days are completed.


The pending I-485 keeps you in legal status. However, it is not a good idea to remain jobless for a long time, because if USCIS sends an RFE about your job status they will deny your case if you don't have a job or job offer that is "same or similar" to the originally sponsored job.

Do you have an EAD? Or have you applied for one?

I have already used up the 6 year H-1B. The employer filed the one year extension which was approved and expires next year November. I have applied but not yet received my EAD but expect to receive it in the next 2-3 months. I have already gone through the fingerprinting process.

What is an RFE?

 

[ginnu]

I have already used up the 6 year H-1B. The employer filed the one year extension which was approved and expires next year November. I have applied but not yet received my EAD but expect to receive it in the next 2-3 months. I have already gone through the fingerprinting process.

What is an RFE?
-------------Request for any missing document or Info .
---------------USCIS can ask any document from you or from your employer.

------------

 

[Berry2]

I went to see an immigration lawyer and I got the following information from him. Can you please confirm if what he is saying is accurate?

- I will be able to stay in the US if I do not get a job by May 10 due to my pending I485. I can stay for as long as my EAD card is current and should be renewed 90 day prior to expiration. EAD card is yet to be issued
- I should try to find another job that has similar job responsibilities (aka same job category) but salary does not have to be comparable. My EAD card which I should receive prior to May 10 can be used to obtain another job (regardless of what kind but has to be similar for green card purposes).
-Once I do find another job, I do not need to do anything however when the USCIS are ready to issue me the green card, either of 2 things can happen, they approve the green card instantly or they issue an RFE which can be request for evidence that I am still peforming same job duties with intent to permanently stay. I can obtain such a letter from the employer I am with at that time.
-I should obtain from my current employer, all copies of filings they made on my behalf with regards to the green card process)

 

[ginnu]

I went to see an immigration lawyer and I got the following information from him. Can you please confirm if what he is saying is accurate?

- I will be able to stay in the US if I do not get a job by May 10 due to my pending I485.
******************** from where this MAY 10 came up. did you ask him why till May 10? May 10 of 2009 or May 10 of 2010?? on can stay till I-485 is Pending.


I can stay for as long as my EAD card is current and should be renewed 90 day prior to expiration. EAD card is yet to be issued
_____________________EAD is NOT status. EAD is for work. Pending I-485 is status
- I should try to find another job that has similar job responsibilities (aka same job category) but salary does not have to be comparable.
______________________ Yes find the job that is similar to skills written on your LC

My EAD card which I should receive prior to May 10 can be used to obtain another job (regardless of what kind but has to be similar for green card purposes).
--------------------??
-Once I do find another job, I do not need to do anything

_______________________ once find job, get letter from new employer to invoke AC21 and send the AC21 request to USCIS. if you dont Invoke AC21 USCIS will be asking lot of documents through RFE. FYI at this time USCIS is not sending RFE for all the AC21 cases . Few cases that are eligible for AC21 got I-485 denied and then more money to lawyer to file MTR.

however when the USCIS are ready to issue me the green card, either of 2 things can happen, they approve the green card instantly or they issue an RFE which can be request for evidence that I am still peforming same job duties with intent to permanently stay. I can obtain such a letter from the employer I am with at that time.
-I should obtain from my current employer, all copies of filings they made on my behalf with regards to the green card process)
________________________________Employer may not give you copy of LC I-140 approval as LC and I-140 belong to Employer but you will get I-485 reciept as I-485 belongs to you. If you have good relation with your employer then he can get you copy of your all the papers from Lawyer who filed your LC, I-140

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[Berry2]

--------------

-The May 10 date is the date my employment with current employer will be terminated. The actual date is May 10, 2009.

-You are right, the pending I485 allows me to stay in the US not the EAD card. That is exactly what he said.

- I should be able to receive the EAD card before May 10, 2009.

-Is the AC21 something I can file by myself or it is best I get an immigration lawyer involved?

 

[ginnu]

-The May 10 date is the date my employment with current employer will be terminated. The actual date is May 10, 2009.

-You are right, the pending I485 allows me to stay in the US not the EAD card. That is exactly what he said.

- I should be able to receive the EAD card before May 10, 2009.

----Is the AC21 something I can file by myself or it is best I get an immigration lawyer involved?

You can file AC21 directly. you will need :

1New employer permanent job offer letter with same or similar job duties.
2 you need your I-485 filing reciept.
3 you need to write Cover letter with your Name, I-485 reciept#, A#, DOB, Address and make a request to USCIS to invoke AC21 with your pending I-485 .

If dont understand take the help of your New company Lawyer Or Post in AC21 thread and we will help you.
Good Luck!!

 

[Berry2]

Approved

I would like to use this opportunity to thank all those who responded to my questions. I will not need to apply to worry about the AC 21 rules any longer. My focus is just on finding a new job with no immigration worries. My green card has been approved and according to the status online, card production has been ordered . Now I can have some peace of mind.

Priority Date- March 2005(Row EB3 rest of the world)
I-140- Approved July 2007
I-485- Filed November 2008
Fingerpriting- November 11, 2008
Will be laid off- May 10, 2009.

I-485 Approved- January 26, 2009