unpaid leave to avoid layoff/180 day deadline

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guest1978

Registered Users (C)
My company has told me they are going to lay me off in 2 months. My 180 day deadline for the 485 is in 5 months from now. They are open to the idea of sending me on unpaid vacation. Has anyone done something similar? How long of a vacation, can i take in this context. What paperwork etc would i need to submit?

At what point does the RFE get sent to the employer? What if RFE is received while i am on unpaid leave(how should the employer respond to
that RFE)?

Does it make sense to go on unpaid leave for Q4, 2004 to avoid this 180 day rule?? what do you guys think?

Thanks a lot

more details:
140 is approved already
fingerprinting is in 2 days from now
AP/EAD are pending
 
guest1978 said:
My company has told me they are going to lay me off in 2 months.
My 180 day deadline for the 485 is in 5 months from now.
-----the best option is to request then not to revoke the I-140, you can join any other employer through H1 transfer and join him , no need to take unpaid leave. it is NOT must that you should be working with employer when I-140 is filed or you file I-485 based on approved I-140
They are open to the idea of sending me on unpaid vacation. Has anyone done something similar? How long of a vacation, can i take in this context. What paperwork etc would i need to submit?

At what point does the RFE get sent to the employer?
--- your I-140 is approved then why they will send RFE for I-140????? if any RFE for I-485 then it will be sent to your lawyer who filed your I-485 and you may also not get RFE
What if RFE is received while i am on unpaid leave(how should the employer respond to
that RFE)?
--------- once I-140 is approved your employer is not going to get RFE for I-140
Does it make sense to go on unpaid leave for Q4, 2004 to avoid this 180 day rule?? what do you guys think?
-------- Best option request them not to revoke the I-140 becase they can if they wish as your I-485 has not hit 180 days, if they dont agree enter a DEAL( You know the meaning of deal) join other employer with H1 transfer once I-485 hits 180 days then you are eligible to use AC21
Thanks a lot

more details:
140 is approved already
fingerprinting is in 2 days from now
AP/EAD are pending
Click to expand...
 
=================
Does it make sense to go on unpaid leave for Q4, 2004 to avoid this 180 day rule?? what do you guys think?
-------- Best option request them not to revoke the I-140 becase they can if they wish as your I-485 has not hit 180 days, if they dont agree enter a DEAL( You know the meaning of deal) join other employer with H1 transfer once I-485 hits 180 days then you are eligible to use AC21
Thanks a lot
=================


First scenario: they promise not to revoke the 140. In this situation, you suggest that i just go with their planned course and get laid off in the next couple of months, and then find another job, right?

The second scenario is where they want to revoke the 140. Your suggestion is to enter a deal with them to somehow stretch the layoff plan to 5 months(using unpaid vacation etc). Then use AC21 to join another company.

The third scenario is where they are not going to revoke the 140. This is the same as the 1st scenario except that wouldn't it be better to spend time with the same company(even if it's unpaid leave) to get to the 180 day deadline.

My understanding of RFE is very limited. I guess you get RFE mostly before approval of 140, and not 485?

Thanks again for your input :)
 
In any case question is will they support you with documents in case of RFE? If they can support you and do not revoke your I-140 you can join the other company at time.

180 days is number of days I-485 application is pending with BCIS. It is nothing to do with when you joined the company or when you left.
 
What questions in RFE

What questions would they ask the employer in RFE. I mean if i am unpaid leave when my company receives the RFE, would they be legally ok to respond positively to it?

Thanks
 
guest1978 said:
What questions would they ask the employer in RFE. I mean if i am unpaid leave when my company receives the RFE, would they be legally ok to respond positively to it?

Thanks
Click to expand...

First It does not matter whether you are vacation or working for different company. It should be ok even you have never worked for that company. In fact going on vacation for long term may have bad affect of getting a lower income W2.

In such cases most dreaded is RFE about company's financials or any RFE that requires company's response.

If you get an RFE related to you (like education evaluation) you should be fine as you can answer on your own.
 
tammy2 said:
First It does not matter whether you are vacation or working for different company. It should be ok even you have never worked for that company. In fact going on vacation for long term may have bad affect of getting a lower income W2.

In such cases most dreaded is RFE about company's financials or any RFE that requires company's response.

If you get an RFE related to you (like education evaluation) you should be fine as you can answer on your own.
---tammy2 his LC is APPROVED AND his I-140 is approved, he will not get any RFE for education evaluation. He may only get RFE for his I-485 , he seems to be worried about RFE for I-485 and at this time he needs only to request the employer not to revoke the approved I-140 so that his I-485 can hit 180 days. if the employer does not revoke the approved I-140 he need not to worry and once his I-485 hit 180 days he can use AC21 and can update USCIS with new employer letter.
Click to expand...
 
pay cut

if my company agrees to a pay cut, is it allowed under the h1b regulations? does it affect my Green card 485 etc (especially since the pay stated in the
GC application is for a future job)?

thanks for your input
 
guest1978 said:
if my company agrees to a pay cut, is it allowed under the h1b regulations?
--- they must pay you minimum wages as per LCA that was filed with H1

does it affect my Green card 485 etc (especially since the pay stated in the
GC application is for a future job)?
----- it will not affect GC process
thanks for your input
Click to expand...
 
prevailing wage?

is the minimum allowable, the prevailing wage as mentioned in the LCA for H1 application?
 
guest1978 said:
is the minimum allowable, the prevailing wage as mentioned in the LCA for H1 application?
---- yes ,that has to be paid by employer till you are on H 1 status
Click to expand...
 
extend employement until 180 days

my company is willing to do what it takes to extend the employment until the 180 day period. This would mean a salary cut(amendement filed to H1).

at the end of the 180 day period, they would lay me off. hopefully, i would get my EAD by then. can i use my EAD then?

do you see any problem with the proposed solution? the other option is i could just leave the company with the sevarance etc and try to find another job. what do you guys think of these two options?

Thanks
 
guest1978 said:
my company is willing to do what it takes to extend the employment until the 180 day period.
---- that is good, check the I-485 filing reciept and note the reciept date on it and try to be with them till 181 days from reciept date on I-485 filing reciept
This would mean a salary cut(amendement filed to H1).
--that is ok
at the end of the 180 day period, they would lay me off. hopefully, i would get my EAD by then. can i use my EAD then?
----- yes
do you see any problem with the proposed solution? the other option is i could just leave the company with the sevarance etc and try to find another job. what do you guys think of these two options?
----once I-140 is approved and I-485 is pending for 180 days you are safe, you can use EAD with new employer or if you still have H1 status can also transfer H1 with new company.

Thanks
Click to expand...
 
Ead/h1

if i have the option of using my H1, is it any better to use than the EAD. If i use my EAD, then the employer doesn't have any immigration stuff to worry about(assuming i file my own AC21).

If/when the RFE comes while i am with the new employer, what would the new employer have to provide me for paperwork?

Thanks


do you see any problem with the proposed solution? the other option is i could just leave the company with the sevarance etc and try to find another job. what do you guys think of these two options?
----once I-140 is approved and I-485 is pending for 180 days you are safe, you can use EAD with new employer or if you still have H1 status can also transfer H1 with new company.
 
Does a person need to have I-140 approval in hand?

Hi,

If I-140 is approved, and company doesnot care for the I-140 application and if They donot provide any kind of letter on I-140 approval, Is it OK to let it go like that?

Do we need to get any letter from lawyer or company - when I-140 is approved? Do we need to produce it to the new employer or some authorities?

Does online approved status case document sufficient to keep for the records?

Thanks
 
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