Urgent : Laid off -- have EAD and more than 280 days with 485

L

luckgood

Registered Users (C)
Hi experts,

Have EAD valid until Sep 2001. Applied for EAD renewal last month and 485 is pending at TSC more than 280 days(9 months). Currently laid off now. Can I apply for new job and still have 485 going or need to apply I-140/I-485 with new employer ?

Does the new employment needs to be same geographical area meaning same STATE(like Kansas) ?

If I get re-hired with same employer in different location, will I-485 continue ?

Please provide suggestions. Eagerly awaiting...Thanks guys.
 
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Please wait until the actual regulations are out. Nobody has discussed that yet in the forum. But you are fine in same location and same type of job.
 
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Was reading about AC 21 regulations passed yesterday. Details are in
www.imminfo.com
  --> Breaking news

this is good news for people laid off after 180 days..can change jobs of same type. It does mention about location,so can change location
 
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LuckGood,
This is the abstract from AC21 that was released yesterday.Let me know where it says about change in location:

AC21 106(c) provides that the certification or I-140 approval of an EB immigrant petition shall remain valid when an alien changes jobs, if: (a) Form I-485 on the basis of the EB immigrant petition has been filed and remained unadjudicated for 180 dys or more; and (b) the new job is in the same or similar occupational classification as the job for which the certification or approval was intitially made.

Eagerly waiting...
 
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Hi,

That\'s means do we have to file I-485 again or just let the I-485 continue ? Do we have to inform INS about new company/new job etc?

Thanks.
 
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Hi,
I-485 applicants can change jobs in same job classification, if their I-485 application has been waiting for more then 180 days(Still don\'t know whether they can change job locations).In such cases, new Employer should submit letter with job title,description and salary.
 
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tsc99,

The AC 21 does not say anything about job location. If there is a restriction about job location, the AC 21 would have included like "job location needs to be same as when originally applied for I-485"

But since there is no restriction mentioned, think can change location.Talked to some lawyers and they agreed to my opinion.
 
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Let us take the following hypothetical scenario.

Current EAD expires on 6/1/2002.
Got laid off on 6/15/2001.
I-485 approval notice comes on 10/1/2001.
The candidate is unemployed from 6/15/2001 - 10/1/2001.

Do you see any problems in this case when the candidate
goes for stamping on 10/2/2001?

Thanks
Big Boss
 
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To my knowledge I think you should NOT have any problems UNTIL AND UNLESS the company with whom you last worked provides a letter stating that they have a job position for you after getting GC.Any comments welcome.....
 
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tsc99 is right. Also, it is better to have another job of same type before going to GC interview.
 
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luckgood,
I too am in same situation.Project got completed last week.But company looking for positions.Atleast you are better off having to work anywhere in the state of Kansas whereas I need to work only in one particular city of state.Let us share our agony/feelings in this thread.
 
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tikgc99tsc,

I guess you are better since you are employed now. do you have EAD.
when was 485 filed ?
 
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luckgood,
I am working on 2nd EAD.No I am not employed(meaning not in payroll)
but company/myself are looking positions.
My details:
EB3 India,
PD:2/99
485 RD:12/99
ND:01/00
FP:03/00(Waiting for 2nd FP)
2 EAD\'s;1 AP
 
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luckgood,
Just got a message from my attorney stating that INS has no problems regarding change of job locations but Dept of Labor has.But Dept of Labor is said to have discussing this issue.But the general consensus among the attorneys is that the change in job locations should not be an issue now.Will keep you informed if any news is passed to me.PLEASE DO CONSULT YOUR ATTORNEY NOW and get any feedback from him.
As all the attorneys are in BOSTON attending the AILA they should get a hell a lot of info now.
 
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