Potential layoffs in company, I 485 still pending

M

mahaperu

Registered Users (C)
Dear folks
We have been hearing a lot of talk about potential layoffs happening in my company. In the event that I am one of the people on the lay off list, there are a few questions that I would like to discuss with you:-
1) In case of a layoff what would happen to my green card status------I-485, I-140, labor condition?
2) What would happen to my wife’s EAD application, which was sent month or two ago?
3) Is there anything that I could ask my company to do to maintain my current green card status? e.g. prolong me in company for some days or months even if on unpaid job conditions, or transfer me to other branches, in state , out of state, out of country?
4) If I get another H1, does it make this green card invalid, if valid then till what status?
5) How many days am I allowed to stay without a job in this country? In case of I do get laid off what would my status be?

I would be extremely thankful if you could answer these questions.
Waiting for your reply in earnest.

Sincerely,
Narasinha C. Parasnis.
mahaperu@yahoo.com
 
I forgot to mention that ----
My I485 application received date is 18 Dec, 2002 and my I140 was approved on 24 Feb, 2003.
 
From my personal experience, I think you will be fine as long as the INS won't approve your case within 180 days. Another thing is that you need to find a "similar" job as soon as possible. You might get interviewed, but I went through interview and got my green card last week. They want to see if you have a similar job or not. I was not asked for any questions. The interview is not that scary, but the waiting is. Good luck!
 
leave of absence

#3. Request an unpaid leave of absence for 3 months. Get it approved from your supervisor dated a few days before layoff. Come back after 3 months and your employment can get terminated on that date with a last paycheck for the unused vacation time...
 
Re: leave of absence

Originally posted by sv_raj
#3. Request an unpaid leave of absence for 3 months. Get it approved from your supervisor dated a few days before layoff. Come back after 3 months and your employment can get terminated on that date with a last paycheck for the unused vacation time...
Click to expand...

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If I do request an unpaid leave, would I be able to work during that time with a different employer on a new H1b?, I still have till Oct 2004 for my 6 years on H1B
 
Re: Re: leave of absence

Originally posted by mahaperu
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If I do request an unpaid leave, would I be able to work during that time with a different employer on a new H1b?, I still have till Oct 2004 for my 6 years on H1B
Click to expand...

I am in a similar situation and I don't have a clear answer for this question. As per my attorney's advice the safest thing is to wait till 6months of 485, get terminated from old company's leave of absence and then join a new company.

But there are other options with low risk like working on a temp/contract position with EAD and changing to full-time after 6 months... In my opinion H1-B transfer before the 6 months is a little more risky than EAD since there is a clear record of change of job before 6 months

Does anyone else have other suggestions?
 
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