Question about lay off during 485 pending

[YvonneC]

I was hired by my first company in 2004 right after I graduated. Got H1 approval Oct 2004. Now I-140 approved and –485 pending, have EAD which will expire this August. My priority date for 485 is Oct 2005. I was laid off last September. The company has some cash flow problem and temporary closed. So far I didn’t find a job and it seems my priority date is very close, they are process the case on July 2005 already. I have couple questions regarding my case.

1.My company is trying to work some deal with the bank and if the deal goes through, there is a chance they might hire me back. If I still work for the same company, will that affect my case since my company recently has a major laid off and was temporary closed for a while. Will the immigration officer think our company doesn’t have the ability to sponsor my GC? Am I better off to find a new job or try to stay with the same company?

2.If I find another job, does it have to be a full-time job or I can work as a contractor?

3.Can I set up my own company and be my own sponsor? If so, does the company I set up need to make any minimum profit? If so, how much?

4.I was doing the outsourcing for my company and we have a company in China and my title is Asian Affairs Director, but my GC application title is marketing analyst. When I try to find a new job can I be the project manger since I was dealing lots of projects in my old company? How similar my new job should be as my old job?

5. My husband is using EAD to work now. if he apply H1 again will that help our case?

6 if our green card got denied, will my husband has to go back to China even he has a job now?

 

[ginnu]

Your PD is the date LC for you was filed with DOL. PD is not when I-485 filed.
Your LC was filed EB3 or EB2? What is country of your birth?
Read the March Visa bulletin.
For China mainland born current PD for EB3 is March 15 December 2002
For China mainland born current PD for EB2 is March 08July 05
** If your I-485 pending more than I80 days and I-140 approved then you can join new employer and are eligible for AC21. Find full time job with new employer and then invoke AC21.

 

[Jackolantern]

1.My company is trying to work some deal with the bank and if the deal goes through, there is a chance they might hire me back. If I still work for the same company, will that affect my case since my company recently has a major laid off and was temporary closed for a while.

If you go back to the same company that's probably the best option, especially if it's back into the same job. A temporary closing years after the I-140 filing won't hurt your case.

5. My husband is using EAD to work now. if he apply H1 again will that help our case?

If he has H1, he won't have to leave the US if your I-485 is denied. But it won't help your green card case.

6 if our green card got denied, will my husband has to go back to China even he has a job now?

If he filed his I-485 based on being your dependent, both of you will have to leave ASAP after I-485 denial, unless either of you has another valid status like H1 or L1. But your H1 is effectively invalid because you lost your job.

 

[Jackolantern]

2.If I find another job, does it have to be a full-time job or I can work as a contractor?

To qualify for AC21 it has to be regular full-time work.

3.Can I set up my own company and be my own sponsor? If so, does the company I set up need to make any minimum profit? If so, how much?

Self-employment is allowed, but is heavily scrutinized. You must have enough revenue to at least pay yourself a reasonable salary, and it must still meet the "same or similar" criteria for AC21, which is often impossible for some kind of jobs because when you're self-employed there's so much other stuff you have to do. If you're going the self-employed route, consult an immigration lawyer experienced with self-employed AC21 cases so you'll know how to structure the business and your role in order to satisfy AC21.