to continue green card process (now in dol labor certificate stage) after laid off

M

MorningJogger

New Member
hi, folks

my question is on the feasibility to continue my green card application process after being laid off. i do understand in theory it is feasible, but i still have certain points unclear if talking about in practice.

i just got laid off and now my status is F-1 visa pending. i began green card application while in the company, now the labor certificate is waiting for federal department of labor's approval (transferred there from SCEA in September 2002) in california. the company expressed that they are willing to help after the layoff.

1. is it possible to continue green card process even i am in a F-1 visa (now is "F-1 pending") status? i understand we have to specify the current visa status when filing I-140 form.

2. if yes, is it required that i will have to return to the company to work once green card is approved? or, is there any workaround way?

3. suppose the company files I-140 and 485 (altogether) for me, will they have to specify that i used to be an employee but now a student instead? also, will this information affect the green card approval? i really doubt an officier looking at this information would approve the green card.

4. overall, if continuing green card process is feasible in theory, how about the success possibility in practice?

the company (my former employer) is a start-up of small size.

i have such questions because my H-1B's 6 years run almost out, and i do want to keep the green card progress since in california it's so slow now.

thank you very much for your time and comments, appreciated.

jogger
 
My understanding is that you can not continue the process with F-1 because it's a non-immigrant visa and you are supposed to go home after your study is done. H-1 is a dual intent non-immigrant visa, that's why people can persue a green card with that visa.

At I-140 filing, you will definitely have a problem since there is no position for you to fill at your previous company. If I remember correctly, you have you show your past tax returns.
 
hi,

thanks for the reply. i did a little bit research on this issue, it does look like F-1 visa status is quite troublesome talking about green card petition, because, as said, it's strict "non-immigration" purpose.

my impression from the research is there are various uncertainities with applying green card by a F-1 visa holder, such as: if rejected, can the holder still keep F-1 visa; after the filing, can the holder transfer to other such as H-1B visa; etc.

and, because of the newly installed foreign stduent tracking system by INS, how it shares information with existing information system of green card processing (for example) will also determine how INS determine those uncertainities.

on the other hand, it looks if i find another job and change my status from F-1 (or F-1 pending, as it is now) back to H-1B again; then, i personally do not see those uncertainities and complications that arise from F-1 holder applying for green card.

this is becuase, as i see, H-1B holder applies for green card looks normal, there is no such "non-immigraion" purpose restrictions. also, on forms I-140 and I-485, they do ask the applicant's current non-immigration status in US; but that's it, they do not ask for your current employer, if your write "H-1B" there.

so, i think if in H-1B status, even with a different employer, that would make green card application look more feasible.

you guys' comments are welcome....

jogger
 
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