Urgent Help on Being Laid off, Please!!

S

seenoend

Registered Users (C)
I\'m laid off this morning. My I-485 application was submitted on 9/30/2001. I didn\'t apply for EAD. My H1B will expire at the end of January of 2002. Could you please let me know what options I have? I greatly appreciate any of your help!
 
you should talk to good lawyer

I am sorry to hear this. Hope you will find a solution soon.

You havenot passed 6 months since RD date. BUT i have seen earlier posts on this site and isn.org some people who were laid off before 6 months of applying 485 also got approvals in interviews. As you see there are risks/chances in this , so you should talk to good lawyer before you make some decision. If you are in Boston they give you EAD
on same day. You can go and get it by showing 485 receipt.

Worst case, you can keep your priority date when you start the GC process again.
 
Still you can take a chance

I have seen many cases being laid off before 180 days & cleared.
Find out a good lawer, search for a job & apply for H1 transfer immediatly so that you can start new job. In the mean time apply for EAD which will require 2 photos, fees, I765 form & receipt of I485 filling. You may attach any evidance that your I485 in pending.
You should get your EAD in 2 months max. & it will be valid for 1 year.
Good luck
 
I\'m in Boston area.

Thanks for so much for your posts! They meant a lot to me!

It seems to me I need to wait for another month or so to get the EAD in the Boston office, but are they likely to find out I\'m not employed by this employer? Thanks again!
 
No Title

My two cents:
Don\'t panic. INS knows, it is a trouble time, and people are losing jobs. Ask your company to give you two months of loss of pay and then terminating you. Talk to them nicely so that they can accomodate your request. Meanwhile apply for your EAD and AP. Wait for the EAD to arrive, it will take 2 months. Once you have your EAD, you are good to go. Seek new jobs and join them once you have your EAD. In that way you can keep your I-485 intact and you can avoid transfering your H1 to be safe.
The 180 day rule is if INS does not adjucate your case within 180 days of the receipt, then they cannot check whether you are working for the same employer. Hence you will be safe.
Act wisely and do not panic. Hope everything will work out for you.
Pray,
 
if he applies loss of pay for 2 mths what happens when...

he gets an RFE for payslips
 
wait and see?

I am panic, so thanks a lot for your warm words and suggestion, which gave me much support!

Am I out of status now? I\'ll definitely look for a job, but under the current situation, there probably are not many opportunities.
 
No Title

He gets an RFE, only when INS takes his case. That will take one more year to go. By that time, he will have a job and he can submit payslips for the past two months to INS. That should not be a problem.
 
don\'t worry too much.

1) find job and transfer H1. current law allows you to start working for new employer right after they apply. try to get a job with description close to your LC. get your new company to apply for I-140 (just in case)
2) wait for your I-485 receipt, go to Boston INS and get yourself (and your spouse, if any) EAD and AP.
3) talk to your current employer . . . is it possible to go on unpaid leave for 4 months or so? if they laid you off they are supposed to tell you at least 1 month in advance. so you may only need about 3 months . . .
 
Is it true?

Thanks for your advice! Would you please tell me where I can find the law you mentioned above so that I can do a little more research? If it is true, what\'s the need for "180 days" rule?

The company didn\'t show a little courtesy at all although I had worked there for more than 3 years. They didn\'t give me even one day\'s notice. They told me the bad news and shut down my computer. I didn\'t have a chance to go through my files!
 
in status?

Do you guys know if I\'m in status? Is "I-485 pending" a kind of legal status? Thanks again!
 
status...

Once you apply for 485, legally you can stay in US till a decision is reached in your case. But you can only work if you have an EAD or new H1. In your case since u don\'t have EAD, first try to apply and get EAD asap. Also try to get a job with similar title as your LC specifies. Couple of my friends are in similar situation(485 pending and lost job) and they are working for different companies using EAD.
Hope this helps.
 
Yes, apply for the EAD

What the last guy says is your first to do. Actually you could start to fill in the form 765 right now... you can download it from INS\'s website and it is filable. It would take 2 minutes before you finish everything-- then tommorrow morning just send INS a fedex.. You will be ok.
 
Thank you all!

You guys are so helpful! You are supporting me through this toughest time of my life!

But Heidi, is this as easy as you said here? I thought I would need a 485 receipt to apply for an EAD. Besides, I don\'t know how soon I can get it from VSC. If I can go to the Boston office and receive the card on the same day, I would prefer the latter. Am I correct?
 
Get EAD ASAP

If you have even postal confirmation receipt(slip, no need of receipt from INS) that INS has received your 485 Application, take that along with other docs and you will get EAD in 2/3 hours at Boston office.

Good Luck!
 
Yes

You can still go ahead with your I-140, just do as you did for filing 485. But it is a good idea to provide a cover letter saying you have applied for AOS and now for EAD. Getting a receipt of EAD is much easier than getting that of 485 (so is to get the approval). I am not sure if you could apply for EAD in Boston, since you originally sent your 485 to VSC (looks like the instruction of 765 says one has to send 765 to where 485 is filed, as long as 485 is not received yet by VSC. please see 765 instructions for details). I would get ready for the EAD form and tomorrow ask a lawyer for details...as the former guys talk about. Good luck!
 
You are absolutely right!

It is ironic that we work hard but are not rewarded equally! We were not respected as what we should have gotten. I was wondering if my employer is out of whack or all the companies are the same inhumane.
 
Info_1, is it true?

If it is true, then our friend Seenoend has already been saved. How sure are you about this? Just taking the postal receipt and being in INS boston would get EAD? Any experience you have? Would appreciate you very much talking more.
 
Would a postal receipt work?

Heidi,
I did read the 765 instructions and found out the same information. I asked my lawyer if I could go to the local office even if I filed the 485 at VSC. And the anwser seemed to be yes.

Info_1,
Your info is truly new to me! My lawyer didn\'t mention I could use a postal receipt. Is there a web site I could prove to her that this would work?

Thanks again for all your bits and pieces!
 
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