urgent!!! info needed

L

lamb4000

Registered Users (C)
Hi all,
can someone please advice me what i have to do..
i'll tell my situation...

my company filed my GC labor from new york city in july 2001..still i didnt get my labor cleared but hopefully by next month or so i'll get...

my company is having layoffs in 1 month becoz they acquired another company..i am in that list..
but if i get labor cleared and start my 140/485 stage may be i can stay for some more time...

can anyone tell me suppose if they file 140/485 for me and after 2 weeks they layoff me what is my position..
is that still i can able to stay here legally ...'
i can ask my manager to help me for 140/485 if they get any RFE..they'll continue to help me in 140..

i am running out of time..my 6th year will be over by this april 2004 and i already got 7th year from them..but my fear is when they layoff me..they'll cancel my H1 also..

please let me know what i have to do so that i can stay here legally..
thanks in advance
 
lamb4000:

If your employer lays you off, your H-1B gets cancelled and more so if you have not been in 485 for more than 180 days then you cannot use AC21 law to change jobs on EAD and hence your GC gets terminated. And in other words since you are in your end of 6th year, there are not many options.

Consult an attorney to see if they can help and convince your employer to keep you on until 180 days of 485!
 
thanks kd1403 for your response..
i want one more info..
suppose they layoff me after 2 weeks of applying 140/485
and i'll i ask my manager not to cancel my H1 and stay with 140/485...

then is it okay if i can join another company with new 7th extension and start doing job for them..eventhough my process is going on with previous employer???
 
lamb4000:

I would advice you to post this question on the 485 concurrent thread to get a quick and accurate answer!
 
lamb4000,

You are legal in USA till your H1B is valid or your 485 is done(approved or rejected.). In your situation - your 485 will get rejected due to that fact that 140 is bound to be rejected.

With that said - let us see options:

1. Ask your manager to continue your 140, if he can.

2. If you are officially laid-off then even if H1b is not cancelled - you will still have problems.

3. Allow them to get H1B cancelled(you will not sound asking too much when you ask them to cont 140 and not ask for h1B).

4. Get a new H1B from a different company. Ask new company's lawyer to get details of your LC from your current company to get H1B extension done. Act fast - so that your you get it done before your LC is not approved.

If your manager agrees to continue with 140 - keep cool - you are half way thru. If you get H1b sponsor - you r almost there.

See - you got to explain your current manager to help you out - all that he/she has to do is maintain that he/she intends to hire you in future. That way your 140 can be done. Meanwhile just maintain a good relationship and get your H1b done from elsewhere for yearly extension.
 
Last edited by a moderator:
thanks Jharkandi for your valuable info,

i am also thinking this way only.
i am talking to one of the consultant who wants to help to get new H1 from his company.

now i have to make sure that they file my 140/485 and continue on the process.if they layoff me. its okay but i have to make sure that they continue to do 140/485 process and if any RFE comes they'll reply ..

Jharkandi, one more question.
suppose if they layoff me from company A and i joined in another company B and i got l140 cleared from company A, but i got query in 485 ..is there any problem???

how can i cope up..
is it okay can i ask company B to start my GC labor process from scratch???
please let me know
 
I hope you are filing 140/485 concurrently. Then it should not be a problem - however nothing can be ruled out. If not RFE then you may get interview call(highly likely) for 485. But right now concentrate on present.

Ask B for GC too - if it is possible for you to ask so.

All the best.
 
thanks very much for your suggestion jharkandi,
yep i am planning to do 140/485 concurrently but my case is still pending at labor in ny city.hopefull it may clear in next month becoz mine is july last week,2001

in the meantime i'll ask new employer to start my GC also..

its really helped me to get some good info from this forum.that's why i like this forum eventhough i am new to this forum.i used to read since last year
 
definetly jharkhandi,
i'll keep posted with my info whenever i have any updated news.
now i am just waiting to get my labor to clear.
 
Please note that once the I140 and the i485 are filed you can use this same files (with your labor cert approbed) and continue the process with a different employer (based on same job description) you just need 180 days aged process to use "portability". (this is the time you should ask your manager to back you up)

Other way you can reseacrh is to use i245 to get over this difficult situation there you can find some waiver to parts of the process.

Late but not least you can get a new H1 with the new law (to be approved) just proppose by the president were a three year H1 could be allocated to workers for certain positions. you may be able to

I'm not a lawyer but there are some hints on what to ask your manager and to followup with your lawyer.

good luck
 
thanks itejadak for ur suggestions
but can you please tell me in details how can use 245(i) in my situation and what is that proposal President is going to sign
is it extension of 3 years after 6 years ?? or what??
 
Originally posted by ltejadak
Please note that once the I140 and the i485 are filed you can use this same files (with your labor cert approbed) and continue the process with a different employer (based on same job description) you just need 180 days aged process to use "portability". (this is the time you should ask your manager to back you up)
Click to expand...

INCORRECT! You do not gain portability until the I-485 has been pending for more than 180 days AND the I-140 has been approved. Until the I-140 is approved, the employer can send a letter to USCIS to cancel processing.

Other way you can reseacrh is to use i245 to get over this difficult situation there you can find some waiver to parts of the process. [/B]
Click to expand...


Unless an LC was filed for the person before 4/30/2001 the person is not eligible for 245i
 
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