Urgent help required : I485 pending 3 months, got laid off , GURUs please help

P

punyavan

Registered Users (C)
I applied for my I 485 in April 2001, with RD 04/04/01 and ND 04/25/01. (EB2 RIR- INDIA CSC)

I was laid off from my company about two weeks back.

Fortunately I got my EAD and got a new job which has the same job description (but a different Title) as in my Labor certification.

Although I joined in my new job using the EAD, the company attorney says I need to apply for H1 and start the green card from the beginning.

My previous company has agreed not to withdraw my application and give my severance pay distributed for two months. Basically I will have pay stubs from my old company for 180 days after filing of my I 485 Receipt date.

Please advise whether I should go again for H1 status and start my green card from the beginning ? Will I still get my green card If I simply do my finger print and wait for the stamping

If the INS asks for RFE should I provide the pay stubs from old company or from the new company ?

Please help with your valued answers.
Your answers would be highly appreciated
 
EAD

If I was in your situation I would have requested the employer to keep you on the books until your severence runs out and not accept new employment. Even if you were to work for a new company you should have negotiated with them to hire your as a contractor for few months and have u contract out from your previous company. This way you would have been still an employee at your previous company and your paystubs would have proved it.
 
do nothing with new company

I had similar situation, but say nothing and do nothing with the second company. I got approved yesterday without rfe.
good luck!
 
Thanks for your response

did you work on EAD or H1 with the second company ? was that before 180 days ?

Thanks in andvance
 
No Title

1. When you have EAD with you, you need not apply for a new H1 to work for your new employer. The lawyer you consulted is not aware of the regulations. Don\'t believe him. Question your lawyer on the purpose of having an EAD, and you will find him fumbling for words.

2. It does not matter if you got laid off before 180 days on your I-485. It\'s more important that either the INS does not adjudicate your case within 180 days, or even if they do, they approve your case with no questions asked.

3. Make sure you have got into a similar job profile, just in case .........

4. If INS asks you, send them the last paystub from your sponsoring employer i.e. your previous employer.

Best of luck.
 
Thanks Trouble maker

In fact I had consulted an attorney also. And he also gave me the same opinion. I would need an H1 only if my case is denied within 180 days.

Do you know whether the EAD is still valid if the employee is laid off within 180 days ?
 
Is it possible to work for another employer on EAD during laid off?

I am also having that simiar situation. Before 180 days can we work for another employer full time basis using EAD? I am planning to be on Loss of Pay leave with Sponsoring Employer till I complete 180 days.

Ciba/Debo/Helper... your expert comments pls.
 
No Title

Yes, the EAD is valid even if you get laid off from your sponsoring employer. Remember, the EAD has nothing to do with your sponsoring employer. It is valid irrespective of whether you got laid off before or after 180 days of the filing of your I-485. The EAD is valid until one of the following occurs, whichever is earlier :-
1. The EAD expires. The date printed on your card will be 240 days away or 365 days away, depending on whether it is an Interim EAD ( the one you obtain from the INS office by waiting in the queue ) or whether you received it by mail.
2. Your I-485 is approved. Of course, you don\'t need the EAD anymore.
3. Your I-485 is denied. At this point the EAD becomes invalid.

Thanks
 
Thanks Trouble maker

In fact I had consulted an attorney also. And he also gave me the same opinion. I would need an H1 only if my case is denied within 180 days.

Do you know whether the EAD is still valid if the employee is laid off within 180 days ?
 
Is it not contradictory?

When we are with the Sponsoring Employer\'s rolls on full time basis (with or without Pay) till 180 days eventhough Laid off, how can we work on EAD for another Company for a Full time Job? I think we are not supposed to work for 2 companies like this at a time!
Do we have to wait till the completion of 180 days to use the EAD?
 
No Title

My understanding with EAD is, you can do multiple jobs... even part-time. also the job need not be in the similar catagory. Ciba/Debo/others - correct me if I\'m wrong.
 
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