GCInThisLife
Registered Users (C)
We know how flaky start-up companies are esp. all hopes are pinned to very few customers and/or run out of cash because expected deal falls through and/or investors decide that there is no future with the company and pulls the plug.
Suppose one files for 485 & EAD in June or July' 07 and company shuts down or forced to lay-off people before the end of this year (i.e., 485 is not pending for more than 6 months to invoke AC21) that might include the person(s) who just filed for 485. In this case company might NOT revoke I140 or inform USCIS.
So, my question is,
i) Is there going to be a problem for I485?
ii) Can he/she wait till I485 becomes pending for at least for 6 months and invoke AC21 - Assuming one find a similar job.
iii) Should the person currently working in sponsoring company before issuing AC21. i.e, does the current pay check required??
iv) Can he/she immediately use EAD with out waiting for 6 months i.e, without AC21
v) Are there going to be any status problems or 'adjustment of status' can be counted as valid status? And what if H1B expires in the mean time (ex: expires in sept/oct 2007).
I am not sure how many of us have similar questions.. but my company got into this tricky situation couple of times and there is a chance that we may face it again. I just want to be prepared for worst.
Suppose one files for 485 & EAD in June or July' 07 and company shuts down or forced to lay-off people before the end of this year (i.e., 485 is not pending for more than 6 months to invoke AC21) that might include the person(s) who just filed for 485. In this case company might NOT revoke I140 or inform USCIS.
So, my question is,
i) Is there going to be a problem for I485?
ii) Can he/she wait till I485 becomes pending for at least for 6 months and invoke AC21 - Assuming one find a similar job.
iii) Should the person currently working in sponsoring company before issuing AC21. i.e, does the current pay check required??
iv) Can he/she immediately use EAD with out waiting for 6 months i.e, without AC21
v) Are there going to be any status problems or 'adjustment of status' can be counted as valid status? And what if H1B expires in the mean time (ex: expires in sept/oct 2007).
I am not sure how many of us have similar questions.. but my company got into this tricky situation couple of times and there is a chance that we may face it again. I just want to be prepared for worst.