urgent info needed regarding layoff

Z

zyx2002

Registered Users (C)
I am in my 7th year h1 extn. My I140 and I485 has been filed jointly 4 months back. A big layoff is coming in my company and I am almost certain I will get laid off. In that scenario is going back to India the only option I have and if I have to go back how much time do I have to sell my stuff and go back to India?

After all these years of waiting for GC I feel completely helpless with the chance of getting laid off at this crucial juncture.

But I guess thats life.
 
how long can i stay back

how long can i stay back in USA if my I140 and I485 have been filed and I get laid off?
 
Originally posted by zyx2002
I am in my 7th year h1 extn. My I140 and I485 has been filed jointly 4 months back. A big layoff is coming in my company and I am almost certain I will get laid off. In that scenario is going back to India the only option I have and if I have to go back how much time do I have to sell my stuff and go back to India?

After all these years of waiting for GC I feel completely helpless with the chance of getting laid off at this crucial juncture.

But I guess thats life.
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I wouldnt worry about the stay in US because as "LCSilence" mentioned "you can stay as long as your I-140/I-485 is not denied.

I would rather concentrate my effort on looking for a similar job incase of RFE at any stage.

Wish you good luck
 
what happens if my company revoke I140. I got admission to MBA in a Ivy League school. Can I just go for MBA after the layoff. Can I postpone adjudication for I485 till 2 years. Once I do my MBA I can always go to some other country.
 
Originally posted by zyx2002
what happens if my company revoke I140. I got admission to MBA in a Ivy League school. Can I just go for MBA after the layoff. Can I postpone adjudication for I485 till 2 years. Once I do my MBA I can always go to some other country.
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Company can not revoke I-140 if 180 days have passed. But before 180 days (if I-140 is still pending) they can revoke it. Once they do so you will have to start over right from labor stage. As far as F-1 is concerned, if you get the approval before your H-1 status expires yes you can join the school
 
zyx2002

It's a serious matter and you talk to the attorney in details regarding all the options you have.

My opinion:

Once you are out of job, H1 status is gone automatically. Also, you might not be able to change status to F1 (student) from H1 because of pending I-485. H1 is a dual intent status/visa but F1 is not. Your stay in US will be legal but you will be in big trouble if you get any kind of RFE.
 
Originally posted by karns
Company can not revoke I-140 if 180 days have passed. But before 180 days (if I-140 is still pending) they can revoke it. Once they do so you will have to start over right from labor stage. As far as F-1 is concerned, if you get the approval before your H-1 status expires yes you can join the school
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Hi Karns,
You have wriitten that company cannot revoke 140 if 180 days are passed. I think this is not correct.
I just had a discussion with the office of attorney Murthy as I may also have similar issue. My relationship with my employer who filed my GC is at all time low and he is in the process to withdraw it. I do not want to bend to protect it as the company has many legal issues with state of NJ and I am not sure if my bending down to accept his demand would be of any use.
My 140 / 485 are pending for almost 280 days.
I am told that if 140 is not approved, nothing can be done if the employer withdraws 140.....No matter for how many days it was pending. The status of 140 becomes as if it was never applied.

It is really a pathetic situation and USCIS is making fool of us in big way. These guys do not know what they were doing when they make the law like AC21 and then lot of people fall in trap. Height of insensitivity and non sense. Our MCD and DDA departments in India function better than USCIS.

I have taken a backup GC processing action in advance but the whole process of waiting another 4 years...I do not think I would be able to bear that. The only hope is that my 140 gets cleared before the withdrawl hits the file.

However, if you are sure about your statement, or if anybode else on this forum can throw some light, it would be great.

Thanks.
 
Return to India - Not compulsory

From what I have read on Labor related forums about 7th year H-1, a new company can file for a 7th year H-1 for you, by showing that your Labor process started over a year ago, or your Labor was approved(for any company). Based on this, you would be able to start your Labor Process again, or if you are lucky to find Labor substituion, you will be ready to file 140/485.

To the best of my knowledge, changing to F-1 is a 4-6 month process, and you should be in H-1 status upto such approval. However switching H-1's is a quicker process, if you find the employer.

My opinions are based on Labor related forums where we used to discuss getting Laid off while Labor was pending(1-2 years for Labor - remember).



sda21
Concurrent filing 140/485/EAD/AP ND 06/03/03
2nd EAD/AP ND 03/19/04

Senior members can add more information.
 
I also agree with about another company filing for 7th year extenstion. My friend recently did exactly that - he filed on basis of a labor petition filed by an earlier company from where he got laid off ( but he got his I-140 also cleared there - that is a different issue). Also if you have your EAD, you stay back as a case of AOS. So get a job quickly, the scene is noty bad outside. Going back to India is alo not a bad option!
 
H1 extension after lay-off

Originally posted by goose_doodle
I also agree with about another company filing for 7th year extenstion. My friend recently did exactly that - he filed on basis of a labor petition filed by an earlier company from where he got laid off ( but he got his I-140 also cleared there - that is a different issue). Also if you have your EAD, you stay back as a case of AOS. So get a job quickly, the scene is noty bad outside. Going back to India is alo not a bad option!
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I discussed this point very clearly with the attorney.
There are probably 2 options here.
If more than 365 days have passed and the labor is still pending, extending into 7th year should be OK.
If labor is approved then for getting extension, 140 should have been filed or in the process of filing as 7th year extension is provided due to intent of contnuing in the GC process. If the employer withdraws 140, getting extension on basis of earlier labor could be risky, although possible.
It is very difficult to understand the laws and the actual implementation. I know many cases of having got H1 extension after 140 was withdrawn without any issue.
I also know a case where my friend applied 140 using labor transfer from another company. The attorneys do not agree whereas I know this case personally. His 140 was approved and now he is waiting for 485 approval.
The instant reaction to this is "Not possible"
But miracles do happen..and at USCIS...this is very common.
 
Withdrawl of pending 140 for more than 180 days for non-fraud reasons

Originally posted by usnycus
Also check following thread:

http://boards.immigrationportal.com/showthread.php?s=&threadid=93997
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Hi usnycus,
Thanks for the links.
This is where the rubber meets the road.
Nowhere in the memo or anywhere else, a scenario is explained where 140 is withdrawn when it is pending approval for more than 180 days of filing 485 and the withdrawl is not for any fraud.
There are scenarios of pending more than 180 days and appproved where it can be ported and less than 180 days where it is denied.
It says that under AC21, one should inform USCIS about new employment otherwise 485 denial may be sent in case 140 is withdrawn. The applicant then can show the evidence of new employment and USCIS may accept continuation of 485.
The question remains is:
Where it is clearly defined that withdrawl of pending 140 (after 180 days of 485) for non- fraud reasons can be ported or not?
That is the issue I am trying to find answer to and no attorney has provided a clear statement. Everyone says that is understanding but not a clear ruling. Are we assuming here few things without knowing the actual implication of the rule?
Could you throw some more light on this?

Thanks,
 
GC_GoneCase

There are no assumption.

AC-21 rule is only applicable in the cases where I-140 is approved and I-485 is pending over 180 days. Once I-140 is approved employer can revoke the application (not withdraw).

If employer decides to withdraw the pending I-140 and USCIS acts upon the request, AC21 is out of picture and can not be used.
 
Interesting twist

Thanks usnycus
I agree with you. However, I can surely tell you that there is some catch, which we probably do not know.
As I have said earlier, I know a case who has already done it.
Now, I had discussions with one potential employer(It was in the pipeline for last one week). This is a big company, with many thousand employees (5000 plus) and a big legal department. I sent them my details and they confirmed me that 140 can be ported even though it is not approved. The condition is 180 days. I am told there is a clause which allows it.
When I informed them about the general perception, I was told that they have already done many such cases. They also told me that by hiring me, if they or I were going to run into issues, will not help anyone, so why they would do it if that was not possible.
In fact, they assured me it was foregone conclusion that 140 can be ported even though it is not approved.
The issue here is, the clause, they are not willing to disclose saying that they do not provide attorney opinion in general but manage it for their cases.
I also asked them, what if the employer withdraws 140 before approval. They told me as long as 180 days have passed after 485, it does not matter. They are telling me their company would get it thru.
I am unable to decide which way to go.
I am going to do more search. I have told them if I could talk with one of them for whom unapproved 140 was ported.
I am not sure if they would allow me to talk with them but they are checking their internal policies and would let me know.
Let see what happens.
 
i had a similar conversation with my previous employer's legal dept. they said that once you pass 180 days even though I140 is not approved you can use Ac21. This is a big company. (3000 employees.)

When i specifically asked them about employer withdrawing I140 if it is not approved (after 180 days of I485) they said it doesn't matter.

But i am waiting for I140 to be approved. Because even though the employer doesn't withdraw I140 he might still give you trouble when you need the Apporved I140.
 
Re: Interesting twist

Just because company is big, doesn’t mean they have brightest immigration lawyer. Currently I am working for a client with over 10000 employees in over 100 countries and I am telling you they have hired worst possible immigration lawyer firm to process their immigration issues. I don’t have first hand experience dealing with these guy’s but from others who are employee in this firm, I came to know about immigration related cases they have ruined.

Anyway, technically I have not seen any one successfully porting pending I-140 to new employer. You might get away with it if sponsoring employers fails to inform USCIS regarding withdraw

Kindly let me know once you have convincing information regarding this matter. Like millions other, I am also interested in getting details regarding this possibility.

Originally posted by GC_GoneCase
Thanks usnycus
I agree with you. However, I can surely tell you that there is some catch, which we probably do not know.
As I have said earlier, I know a case who has already done it.
Now, I had discussions with one potential employer(It was in the pipeline for last one week). This is a big company, with many thousand employees (5000 plus) and a big legal department. I sent them my details and they confirmed me that 140 can be ported even though it is not approved. The condition is 180 days. I am told there is a clause which allows it.
When I informed them about the general perception, I was told that they have already done many such cases. They also told me that by hiring me, if they or I were going to run into issues, will not help anyone, so why they would do it if that was not possible.
In fact, they assured me it was foregone conclusion that 140 can be ported even though it is not approved.
The issue here is, the clause, they are not willing to disclose saying that they do not provide attorney opinion in general but manage it for their cases.
I also asked them, what if the employer withdraws 140 before approval. They told me as long as 180 days have passed after 485, it does not matter. They are telling me their company would get it thru.
I am unable to decide which way to go.
I am going to do more search. I have told them if I could talk with one of them for whom unapproved 140 was ported.
I am not sure if they would allow me to talk with them but they are checking their internal policies and would let me know.
Let see what happens.
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