Urgent Help: Laid off and 140/485 is pending for less than 180 days

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newram

Registered Users (C)
Hello Friends, Attorneys and Gurus,

Unfortunately I was laid off this week and I am not in a position to file AC21 as my I-140 is not approved and its been only 90 days my I-1485 filed!!

1. Though I received my EAD, AP and FP appointment, what are my chances?
2. Is it preferable to work on my EAD until the I-140 is approved/denied?
3. Is it preferable to file H1 transfer? Will this effect the 140/485 processing?

Any suggestions/experiences please?
 
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newram said:
Hello Friends, Attorneys and Gurus,

Unfortunately I was laid off this week and I am not in a position to file AC21 as my I-140 is not approved and its been only 90 days my I-1485 filed!!

1. Though I received my EAD, AP and FP appointment, what are my chances?
2. Is it preferable to work on my EAD until the I-140 is approved/denied?
3. Is it preferable to file H1 transfer? Will this effect the 140/485 processing?

Any suggestions/experiences please?
Click to expand...

I think H1 transfer is the best choice. Actually, there is no relation between H1 with 140/485. If work on EAD and 140 is denied later, there is a big problem. But if file H1 transfer, USCIS will find out you change job, and maybe effect the 140/485 processing.

If 140 is approved later, u can use AC21. But I'm not sure.

Otherwise, u need start a brand new GC process in the new company.
 
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Sorry to hear this news. You need to focus and act quickly to file your H1 transfer now.
I don't know where you work, but most of the companies will send a letter to CIS about your status soon.

Then you think about filing your new GC or getting the approval from old I140/I485.
 
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Thanks

Thanks for the answers and your suggestions!!

At this moment, I should atleast hope that my company neither withdraw their I-140 nor send any letters to CIS. If they do, then there is no question except starting this GC all over agian with a new company.

Otherwise as per blackbird2000, H-1 transfer might effect the current I-140 processing. So, why not work on the EAD and if the I-140 is denied then file for H-1 transfer within a week?? Any problems by doing so??

Kindly suggest. Thanks in advance.
 
Once u use EAD, the H1 become invalid, and it is very difficult to go back to H1 again later.

Working on EAD, if 140/485 is denied, not only EAD is invalid, u will be out of status immediatly.

Also, after lay off, the old H1 is invalid, need file H1 transfer ASAP.
 
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do this ....

You can request your employer to not to withdraw the I-140 so that GC application is for future job. I know some companies agree with that since they feel bad in laying off people and will extend a favor as it doesn't cost them anything.

File H1 transfer to some other company. Later on when 140 is approved, send in a AC21 letter. You may get lucky. I have seen some cases getting approved like that.

File for a backup labor in the new company.

will_get_there
 
newram said:
Thanks for the answers and your suggestions!!

At this moment, I should atleast hope that my company neither withdraw their I-140 nor send any letters to CIS.
---that is correct
If they do, then there is no question except starting this GC all over agian with a new company.
------------that is correct
Otherwise as per blackbird2000, H-1 transfer might effect the current I-140 processing.
------NO, H1 transfer will NOT effect the I-140 or I-485, H1 has nothing to do with pending I-140 or I-485, by law you can be working on H1 with B while A can file your I-140 and I-485 even if you dont work with A, GC is for future job, file your H1 transfer ASAP tto be on H1 status has advantages
So, why not work on the EAD and if the I-140 is denied then file for H-1 transfer within a week??
----- if you use EAD you will NOT be on H1 and cannot file H1 transfer. FYI if I-140 is Denied then EAD AP I-485 all will be denied as all rest on I-140 and I-140 rests on LC
Any problems by doing so??
--find new employer file H1 transfer ASAP and request your past employer NOT to revoke or withdraw the I-140( enter a deal with him, you know what deal means)
Kindly suggest. Thanks in advance.
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Hi I'm also in a similuar situation, I got layed off before 180 days
still my I140 is pending, currently I'm in 7th extension.
I don't konw weather I can use EAD

My company attorny assure me that they don't withdraw my 140.
 
mmrajesh said:
Hi I'm also in a similuar situation, I got layed off before 180 days
still my I140 is pending, currently I'm in 7th extension.
I don't konw weather I can use EAD
---- by law you can use EAD but dont use it till your I-140 gets approved AND I-485 is pending more than 180 days, play safe and mantain H1 status, you can also file 8th year extension if I-140 or I-485 still pending
My company attorny assure me that they don't withdraw my 140.
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ginnu

Assue that my 140 takes another one year to get approve,
I have to wait for one year without job ???
 
well the safest thing is get an H1 transfer. You need to have latest paychecks for that. get an assuarance from the previous employer that they wont withdraw the 140. once the 140 is approved you can use AC21

well the info provided is what I got from this forum.so checkup with somebody else. :)
 
spiderman2 said:
well the safest thing is get an H1 transfer. You need to have latest paychecks for that. get an assuarance from the previous employer that they wont withdraw the 140. once the 140 is approved AND I-485 pending more than 180 days AND you find future Permanent job in Same /similar job title/skills as on Approved LC you can use AC21
well the info provided is what I got from this forum.so checkup with somebody else. :)
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