SOS!!!! I485 filed, but got laid off yesterday, please see details below.

C

c701842

Registered Users (C)
Dear friends,

The bad thing happened to me yesterday morning. When I just sat down on my chair, my boss came to me and led me to an office where a HR guy was waiting for us. Then, ... After that, I went to local INS office at once for applying for EAD card, fortunately, I got it the same day.

Details about my I485:

PD Nov. 8, 1999
RD April 17, 2001
ND May 3, 2001
FT June 6, 2001
RN LIN-01-166-xxxxx
No any RFE yet.

My Qs are:

The Separation Paper said my employment will be terminated on April 8.

1. What is the grace period for my case? I mean, within how long time do I have to get a new job?

2. What is my status now and after April 8, 2002? H1-B or EAD?

2. Before I have a new job, if INS asks for any REF, what can I do?

Many thanks from bottom of my heart for any information and suggestion.
 
You should be fine..Don\'t worry...

Use EAD to find a new job. You are in status. Don\'t worry. Your GC will not be affected in this becuase you have crossed 180 days rule. Now, Concentrate on your new job search.
Good luck and God Bless you.
 
Don\'t worry

You are Okay. Your RD is 17th April and according to new law (AC21) you are free to change jobs as your case is not adjudicated within 180 days.
Just take your EAD and find a new job.
As you have filed I-485, you status is legal in this country till you case is adjudicated.
(Info for Others - Even if you don\'t have EAD and filed I-485, your status is legal in this country till the case is adjudicated. But to work with another employer you need EAD)
If you join a new a company, you are advised to inform INS about job change but it is not mandatory. Most of the job changers have not done it and still got the approval.
The only complication (not a problem) will arise if INS sends you an RFE for paystubs (VSC sends this kind of RFE). But if you get a RFE just send new employement letter (job description should be same as specified in labour application) and new pay-stubs. Thats it.

Hope this helps you.

AJJU
 
Got laid off! Have EAD!! Can i join new comp?Can travel abroad?

HI,
  I lost my job 3 months back.Currently i\'m waiting for my finger printing. I want to shift to a new company with EAD. I have an offer also but problem is that the job requires to do international travelling.
My question is
1. Can I enter into the country with parole?
2. Is it legal to shift jobs during I-485 processing phase?
3. Is there any possibility that i will be deported when I enter into US again just because i don\'t work for sponsoring employer?

Pls answer.
Thanks.
 
Dear c701842

No offense to PTL, let me lay down my opinions.
1)There is no grace period to get the job. You need the job offer letter at the latest by the day INS aks for an RFE on employment (If they ask after all on employment)
2) Your status is H-1B currently since you were using that to work(I assume that you got the EAD after you laid off). Once ur employer cancells ur H-1B ur status would be "applicant to adjust the status" till a decision is made on ur I-485.
3)If INS asks for RFE on employment before you get a job offer your I-485 could get a denial. Try to make to make your employer not to cancel your H-1b even after April 2002. This way the chances of INS asking for RFE on employment could be slim. They might RFE you on birth certificate or some thing.
Hope this helps.
 
Dear app1

Sorry to hear about the job. I am not a lawyer but let me tell you my opinion.
1) Yes you can enter with a valid "AP" document. I did when my when H-1b expired.
2) According AC21, it is legal to change the employers on a "similar job" after 180 days have passed on the I-485 filing before the approval on I-485.
3) Legally they can\'t if you are working (for any employer) and have proof and hard headed officer could trouble anyway they want. Have the termination letter (shows that you did not leave, but they asked u to go) and the new offer letter or recent pay stubs with you all the time you board a plane, even domestic. Never volunteer all documents to them. Provide only the ones they ask you, if at all they ask. Usually ur valid EAD will get you thru.

Hope this helps
 
Thanks zingzang

Thanks so much for your opinion.
I\'m actually considering to shift jobs before 180 days are up. Its just 5 months now since i filed my I485. Just a month to go but the problem is that the offer has come now and they expect to accept it and travel aboard the next day i join them. Dunno if I can take up this job.I\'m confused. I do not want to deported or anything just because of job change. Please suggest me on what I can do.
 
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