Threat of layoff, gurus help me..

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can_card

New Member
My concurrently filed 140(EB2)/485 pending for just two months only. I have no intension of leaving the company. However my company is facing financial issues. So I am worried about layoff. If the LO occurs before 6 months of 485 pending (As AC21 can not be invoked in this period), what will the scenario to continue the GC process? Is it the end of the road? Is there any way to continue the GC?

I know, if the person has an I-485 pending, that person is lawfully permitted to remain in the U.S. until a decision is made on the I-485. If the I-485 is denied, the person would need to leave the U.S. as soon as possible.

Can I be unemployed or work for other company using EAD, until I get 485 approved? What will happens after I-485 approval, if I no longer work for GC sponsoring employer?

For information, My EAD approved just a week back. There is a chance that my I-140 will be approved in one month. We have just replied to a silly RFE in I-140. Please advise me what I should do in this situation.
 
140 should be approved and I485 pending for more than 180 days to get GC using AC21. If however if your current employer does not revoke 140 and agrees to answer any RFE's, generally you not should have a problem. Do not use EAD unless 140 is approved and 48 pending for more than 180 days.
 
rpranesh said:
140 should be approved and I485 pending for more than 180 days to get GC using AC21.
Click to expand...

I thought that way too, but seems like I-140 approval is no longer
necessary to invoke AC21. Just 180days pending with I485 is sufficient.
 
The law is very ambigous in this front. USCIS stated somewhere in thier memo, sometime back that they would interpret the way i quoated. Please consult an attorney for your final decision.
 
I-140

From my understanding, some of the service centers are still seeing to it that 140 has to be approved to use AC-21. So basically depends on what center you are filed with (Till a few days back, for sure Texas center had mentioned taht they need approved 140 to consider AC21.....not sure what's the case now). Best thing to do will be to consult your attorney.
 
Clarifiaction on Q10.

I was reading the Q10 of the recent AC21 memo. It says that I-485 should not be denied, if any one port the job before 180 days of 485 pending.

What will be situation if one change the job or layoffed before 180 days of 485 pending?

Gurus thro some light..
 
can_card said:
What will be situation if one change the job or layoffed before 180 days of 485 pending?
Click to expand...

AC-21 eligibility has nothing to do with layoff or job change. As par AC-21 law you have to satisfy both of the following conditions:

1. your I-485 pending 180+ days.
2. Your I-140 is valid (either pending or approved) within those first 180 days.

So, the date/time of your layoff is not an issue. If your I-140 was valid (not revoked or denied) within that 180 days, you can invoke AC21 provided you have same or similar job in hand.
 
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