urgent info needed regarding layoff

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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.
 
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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Give yourself at least a month to sell your things... but if you go back to India with your gc pending, INS would interpret it as abandonment and your application will be voided. I may be wrong though. A lot of ppl on this forum would give some advice otherwise.
 
I think you do not have to depart from the US right away since you have already filed I-485. You are authorized to stay by Attoney General until your I-485 is actually adjuncted even if you get laid off. You will not be considered illigally present during this period. However your I-485 might not be approvable since in your case it's difficult to use AC-21. Try to find a similar job as soon as possible and talk to an experienced immigration lawyer.
 
Dude, don't panic. You're in legal status since you've applied for your 485. Do not leave the country. Confirm with your company whether your I-140 will be revoked. Many companies do not like to mess with that. If they do not revoke your 140 just wait till it is approved. Once your 140 is approved AND you have completed 180 days on your 485, you are pretty much safe till your 485 comes up for adjudication. Try looking for another job ASAP. Once you get a new job and even if there's an RFE you can take advantage of AC21 and provide required documentation through your new employer. So the 1st thing you want to find out is whether your company will revoke your 140, if not, you're cool
 
GC012002 has a valid point that I missed. Do apply for an EAD if you don't have one. Also, apply for an AP now that your H1 will not be valid after the layoff (if any).
 
what happens if my company revoke I140

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.
 
From what I understand and if I'm not wrong, the new CIS memo about AC21 states that if your 140 is revoked prior to completion of 180 days on your 485 your case might not be valid. I'm not too sure about that, you might want to check with your attorney. If you plan to go in for an MBA you could switch to F1 status in case your 485 doesn't come to fruition. Even if your 140 is not revoked, but if an RFE is issued while you're at business school, your 485 will be denied if you cannot produce evidence of employment.
 
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If the company withdrew the I-140 (before it was even approved), that would be the end of the story. You wouldn't be able to even apply for EAD. You would need to find a new sponsor and start the process all over again.

Your option would be to find a new employer/sponsor who would file an H1 transfer and take a part-time MBA course.

I don't know how you can be an MBA student without a valid status (assuming that your I-140 is withdrawn and you don't have a valid H1). I think you will have to apply for an F1 (in your home country) before you can attend the class.
 
I think you should be able to change status to F1 while in the country. Contact your lawyer about that.
 
Don't Worry it will be All Fine

As stated by others:
1.You will have status for a long time- as long as 485 is not adjucated.
2.If employer does not revoke 140. Your 140 will get approved eventually. Hopefully without RFE. In case of RFE your employer has to support/respond.
3.Find another job- use EAD. Do AC21 after 140 approval,
Don't panic you have pleanty of time
4.If you think your current employer may revoke 140- start new GC with new employer.

Note: Revocation of 140 does not lead to immediate denial of 485- so you get pleanty of time.

Don't worry (easy for me to say)- I have been through this @@#%#^& twice already.

Good Luck.
 
Ask your employer about not revoking the I140. If they resfuse, then ask all of your friends if they know of a consulting company which will do H1 transfer for you and file a new I140 & I485 based on a substituted labor.
 
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