Urgent - Need Help

S

SreeRaj

Registered Users (C)
Hi,

My status :
==========
My ND is JAN 16th 2002.
My RD is JAN 17th 2002.
WAC # is WAC-02-089-5****.

-I got my AP renewed already (second time)
-My current EAD will expire on May 16th, 2003
-I applied for EAD renewal. But do not know when I will have it
-It has been 468 days since I filed 485, todate

My problem:
=========
My company got involved in a law suit with another company and got the verdict against for some tricky reason. Currenty it is undergoing the final hearings for royalty which could lead to collapse by the end of may. If by the grace of god if everything goes fine in favour of my company, I will get my GC. But in the worst case I will be laid off and the whole company may get liquidated etc. All dooms day scenarios.

Need Help on:
===============
1. What should I do if I have to use AC21 law and find a job on EAD? What documents I should hold on to? How can my current company help me in that scenario in terms of docs, letters etc?

2. What if I get a job which could pay less than the salary that I am currently getting? Will I get my GC?

3. If there is a time lapse between the end of current job and start of new job, what will happen? How do I answer INS if there is any RFE in this case?

4. If I have valid EAD and If I do not get a job, can I stay in the country (my current H1 is expired) till I get a new job?

5. If I get laid off, should I inform INS about it? Or will my company automatically do it? What is the normal case here?

6. Is there a scenario that if I have a valid EAD card, if I keep quite and eventually I get GC?

Gurus, Please help me, it means a lot to me so that I can plan ahead.

Thanks
SreeRaj.:( :(
 
dont worry try to find another position ASAP

1. What should I do if I have to use AC21 law and find a job on EAD? What documents I should hold on to? How can my current company help me in that scenario in terms of docs, letters etc?
Find another job ASAP. Try to get the copies of LC, I-140. LC is needed, if you get an RFE you will know the exact job description.


2. What if I get a job which could pay less than the salary that I am currently getting? Will I get my GC?
I have seen couple of posts recently, when the candidate went for the interview, INS officer explicitly asked to get an employment letter for the salary stated on LC

3. If there is a time lapse between the end of current job and start of new job, what will happen? How do I answer INS if there is any RFE in this case?
You would be legal until a decision is made on your I-485. I have seen couple of posts for this kind of situation if the RFE is issued, they just sent a letter stating about the lay-off. Please try to find those posts.


4. If I have valid EAD and If I do not get a job, can I stay in the country (my current H1 is expired) till I get a new job?
Look answer 3.

5. If I get laid off, should I inform INS about it? Or will my company automatically do it? What is the normal case here?
You dont need to inform at all. If you inform there are too many chances to issue an RFE

6. Is there a scenario that if I have a valid EAD card, if I keep quite and eventually I get GC?
Possibly.

Consult an indepedent lawyer (not tied to your company)

The questions are answered based on my knowledge.
 
Being laid-off earlier and not having a current job does not constitute a good reason for an Employment-based Green Card. Don't get me wrong - miracles can happen, but chances are that your I-485 will be denied. Should your current company go under, your best bet is to find another job with the same description and approximately the same salary as in Labor Certification, as soon as possible. Preferably, the new job should be in the same geographical location - if they are going to implement stricter regulations you should be prepared for it.

Meanwhile, EAD has nothing to do with the legal status in the country. All it does is allows you to work (perhaps, with some restrictions, if they are noted on the card).
 
Sreeraj,
First - go and get your iEAD before your current EAD expires on May 16th.

Second, start looking for a new job now - because you have an EAD, it is relatively easier to get your CV viewed. I went through the same thing and only because I had an EAD did I get as many responses as I did.

Third, get copies of your LC and I 140.

Since you are working on an EAD - your company is not required to inform INS about your lay-off. That applies only to H1 employees.

Also, try to get the LC salary in your new job - however be aware that the LC salary figure is applicable only on approval (per my lawyer and I too have done this) and if your new employer gives a salary certificate stating that your current salary is xxx and upon approval your salary will be yyy (as stated in your LC) then that too is acceptable.

Pray that you get a RFE only after you find yourself a new job. Also ensure that your new job offer letter contains the same job description as that mentioned in your LC (even if you are not doing some of the things).

If you keep quite - your process will continue but as and when BCIS issues a RFE you will have to provide documents, which could and most probably will includean EVL, Pay-Stubs, W-2 etc. To get all these you need to be on somebodies pay-roll.

At this time concentrate on getting your EAD renewed and get copies of your documents (if you don't already have it) and finding another job in the same category.

All the best.

BTW - I too am WAC-02-089-5xxxx with a RD of Jan 17th 2002 and EAD expiring in May '03 and I was also in the same boat 3 months back.
 
Thanks a lot GCDreamz

GCDreamz,

Thank you very much for your advice. It is really good to know that I have some accompany. I will go and get IEAD ASAP.

SreeRaj
 
SreeRaj,

A very well post inquiry, you had all the details in and a very concise explanation of the problem.

Here are a few answers:

1. What should I do if I have to use AC21 law and find a job on EAD? What documents I should hold on to? How can my current company help me in that scenario in terms of docs, letters etc?

Get an iEAD ASAP! And then start looking for a job. Nothing that you have to do under AC21. If/when INS issues a RFE, you just respond by filling out the form and sending in evidence of new job.
Documents you need,
a. Copy of 140
b. 485 receipt
c. Paystubs.

2. What if I get a job which could pay less than the salary that I am currently getting? Will I get my GC?

The salary you are currently making has nothing to do with your GC, it is the salary stated on the LC which is important. If you are not making the salary stated on the LC and if you are not able to get a letter saying you will make that much money on approval of GC, then you will not get a GC. Infact, it would be better to make as much salary as stated on your LC if called for interview, because it makes a better impression with regards to approval.

3. If there is a time lapse between the end of current job and start of new job, what will happen? How do I answer INS if there is any RFE in this case?

Usually you are asked for 6 pay stubs, which translate to about 3 months of job. You have some time period to reply to the RFE which you can use to reply to the RFE. Other than the 6 pay stubs INS doesn't bother about any gap.

4. If I have valid EAD and If I do not get a job, can I stay in the country (my current H1 is expired) till I get a new job?

Sure, you are an adjustee, until you status is adjusted or denied, you can stay in the US.

5. If I get laid off, should I inform INS about it? Or will my company automatically do it? What is the normal case here?

Don't inform anyone! Your company will not inform either.

6. Is there a scenario that if I have a valid EAD card, if I keep quite and eventually I get GC?

Possible but unlikely given the current state of things and abundent RFE's. But it has been known to happen in the past.

Good luck with your job search and GC
 
Could you please explain the process for IEAD?

GCDreamz,
If you know, could you please explain how I can get IEAD, meaning what the documents are and how the application is accepted etc.

Thanks
SreeRaj
 
Thank you 140_takes_4ever

140_takes_4ever,

Thank you very much for your reply. You have provided me a very Useful Information.

SreeRaj.
 
If you have applied for your EAD renewal - you must have got a receipt notice stating the date when your application was received by CSC.

Count 90 days from that date and on the 91st day go to the local INS office in your city with the following -

1) Filled out I-765 form (same as the one you signed and sent to CSC when you applied for your RAD renewal)
2) Copy of your I485 receipt notice
3) Copy of your I140 approval notice
4) Copy of Marriage Certificate (only if you are applying for an EAD for your wife as well, in which case even she will need an I765 form filled out and the above mentioned attachments)

Bascically, other than the cheque and pictures you need to take the same things are you sent with your EAD renewal packet.

Go early to the INS office - so that you are ahead in the line and submit your forms. They will give you a token and ask you to wait. When your turn is called - you will be directed to an IIO who will verify your documents and ask you to proceed to another counter where your picture will be taken and EAD card will be issued.

While you are with the IIO ask them about your 485 status as well - but do not mention anything about you losing your job and what are the procedures involved with AC21 etc - if you do and they enter it in your file then for sure you will get an interview. (happened with someone I know)

The validity of the iEAD is about 240 days as against 360 in the regular EAD card. The point being that you should get your actual EAD card as and when it is processed by CSC, hopefully within the 240 days. In case it doesn't - then I do not know what needs to be done, I guess you can go back to the local office and get another renewal. I have never faced the situation so I am not aware of the process.

Good luck for your iEAD.
 
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