Question on portability as it applies to concurrent filing.

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gala_58

Registered Users (C)
I have a question on the 180 days rule as it applies to concurrent filing. My I-485 was filed based on a pending I-140 (ND 07/01/02). My I-485 was filed on 12/27/02.

There is a high possibility that I am going to be affected in layoffs that will happen by the end of this month. What happens to my status if I am laid off. I understand that I cant use portability rule and work until my I-140 is approved and the 485 is not adjudicated - but can I stay in this country legally while the I-140 is being approved.

Thanks
 
Originally posted by gala_58
I have a question on the 180 days rule as it applies to concurrent filing. My I-485 was filed based on a pending I-140 (ND 07/01/02). My I-485 was filed on 12/27/02.

There is a high possibility that I am going to be affected in layoffs that will happen by the end of this month. What happens to my status if I am laid off. I understand that I cant use portability rule and work until my I-140 is approved and the 485 is not adjudicated - but can I stay in this country legally while the I-140 is being approved.

Thanks
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Legally once you have I-485 filed your status would be legal, but in case you would be laid off before I-140 approve, you might consider out of status becuase your immigration petition has not been approve yet, practically if you have good relation with your employer and if they will not cancle your I-140 application, then you should be fine once 180 days pass for I-485 and I-140 approved.


Just curious, why your I-140 took so much time ? mine was done in month or so, usually this is long time, and other thing i think you won't get EAD before your I-140 approve.

I hope this help.

JB
 
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Thanks for your response!

My company went through a merger and I had an original I-140 applied in Nov 01 which was approved in Nov 02. The company lawyers filed an amended I-140 in Aug 02 to change the name of the company. When they filed the 485 in Dec they based it on the 2nd I-140 which is still un-approved. Can you tell me if this is technically still seen as me having an approved I-140.

The thing that complicates it a little is that my H-1 expires end of May. I dont know if I should go ahead and ask them to file an H-1 extension
 
Originally posted by gala_58
Thanks for your response!

My company went through a merger and I had an original I-140 applied in Nov 01 which was approved in Nov 02. The company lawyers filed an amended I-140 in Aug 02 to change the name of the company. When they filed the 485 in Dec they based it on the 2nd I-140 which is still un-approved. Can you tell me if this is technically still seen as me having an approved I-140.

The thing that complicates it a little is that my H-1 expires end of May. I dont know if I should go ahead and ask them to file an H-1 extension
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My company have went through buy out 2 years back then i didn't have to go though h1 amended application and neither other GC applicant at that time, may be some rule changed, but i would suggest get second opinon (from reputed/ experienced lawyer eventhough it coast little bit more) about merger and amended application, keep good relation with them and ask them not to cancel I-140 application one you received approve just find another job.


Technically i think (it shouldn't matter, because i am not lawyer)
you have I-140 approve and you could user Ac21 if you filed I-485 by yourself in early august (as soon as concurrent filing was implemented)

I hope this help

JB
 
I filed my I140 from tx in july 2002 got an rfe and responded on jan2003, I filed for 485 IN DEC 02, got EAD but 140 still pending
is it safe to think of changing employers before 140 approval ????
Thanks
 
Originally posted by gumly
I filed my I140 from tx in july 2002 got an rfe and responded on jan2003, I filed for 485 IN DEC 02, got EAD but 140 still pending
is it safe to think of changing employers before 140 approval ????


NOT AT ALL, IT'S NOT SAFE BUT IT'S FULL OF DANGER, I WOULD SUGGEST WAIT TILL ATLEAST i-140 APPROVE, (BECUASE THAT IS YOUR IMMIGRATION PETITION) AND I SAW CASES WHERE THERE IS MORE THAN 1 ref (LIKE 2ND REF AFTER REPLYING 1ST REF) AND IF YOU CAN WAIT TILL 6 MONTHS OF i-485 SO LIKE MAY'03
THAT WOULD BE SAFE BET OR THINK

i HOPE THIS HELP

JB


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Thanks for the Info
Do you know how long it takes for texas to respond to a RFE for I-140 I responded to it on jan , 16.
 
Originally posted by gumly
Thanks for the Info
Do you know how long it takes for texas to respond to a RFE for I-140 I responded to it on jan , 16.
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nop, i persoanlly don't know how long it takes, but check with I-140 thread for texas, where you can find more info

good luck

jb

 
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