Pls help...urgent

[xikou2002]

Urgent so pls help! I am bargaining with the employer.

My LC was approved but unfortunately I got laid off recently.
I am on H1B and I have not yet found a new employer.

Even with laid off, is it ok that the employer file I140/485 for me now? Because it is for future job, theoretically it shld be OK...but I am not sure. The employer will write a letter, stating that
the position in the LC will be available and I will be paid the salary as stated in the LC; in the meanwhile, I will promise
to work for the employer at that time.

If yes, what is the obligation to the employer?

I guess I have to find a new employer to ask the old employer
to file that, is that correct (Otherwise what is my visa status)?

Assume concurrent filing and afer 180 days.
Assume the job is similar to the one stated in the LC.
In this case, can I use the AC-21 rule, "ignoring" the old employer,
just work with the new company? Must I work for the old employer upon 485 approval?

Thanks a lot!

 

[vangaru]

sure. Your employer can apply for I-140 and I-485.

You are right. GC for is future employment. By filing I-140 your employer is agreeing and showing the proof that your employer is willing and capable of paying you the salary mentioned in your labor certification.

 

[zamq]

xikou2002

one point to remember before doing anything
you cannot use AC-21 rule unless you got 140 cleared eventhough you apply 140/485 same time and 6 months over