Selection between sold before 180 days or layoff after 180 days

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casttree

Registered Users (C)
If I can select to be sold to the contract house in June or be layoff after September ( My I-140 and I-485 were filed to Nebraska on 02/2003). My I-140 was approved the last week.

Which is better?

Sold to other corporation:
We will do the same project, but in different corporation. Will keep job, but the risk to restart green card. I also heard it is possible to
get GC when change job before 180 days.

Layoff after 180 days.
satisfy the AC 21, but I am not sure how limit for " same or samilar job " of AC 21, does it need to be same location , same industry, same salary? That will be much difficult.

Any comment is apprecited.


Our corporation will sell our group to the contract house in June
 
I can't answer your question, but this may help you decide. The following is part of a response I received after sending a question to Mr. Khanna.

In cases of concurrent filing, INS is currently of the view that the 180 days period required for I-485 portability begins only after approval of the I-140. INS is also inconsistent in issuing EAD's and Advance Paroles for concurrent filing cases. Some times, they are being issued at the time of concurrent filing, and some other times, only after approval of the I-140.
 
Thanks for your information.

180 days is confusing after concurrent file I-140 and I-485. I got different replies for that. I need try to keep job until 11/2003 then.

How long need I find job after layoff? Is there any limitaion for jobless period?
 
There isn't any defined limit to the jobless period. You need to have a legitimate job offer if and when BCIS issues an RFE (request for further evidence) regarding your employment.
 
Thanks Wbnc.

For our group outsource/sold, Our small group (less than 8 people) will be sold to the contract house with the product. We will do the same job to support the existing product. We will not take layoff package if we are sold. My existing employer is very big corporation, but our product is very small part.

Can the move be recongized as "Successor of interest" or even follow murthy's FAQ? How much risk for that?

Tough question, but any comments is appreciated!!!

http://www.murthy.com/UDac21qa.html#1

Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
 
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