Urgent : Need your advice : Laid Off

T

test123456

Registered Users (C)
Hi,

I was recently laid off. My details are

EB2/VSC. I just completed my 180 days with respect to my I485 ND date.

Can someone please advise what are my options at this stage - in terms of getting a new job (EAD or new H1B) and continuing with the existing GC process? I heard that INS is inclined on counting the 180 days from Oct 17th,2000.

Any help would be appreciated.

Thanks in advance...
 
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try to remain on payroll as long as possible till INS comes out with clear rules. You can tell your employer that you won\'t take severance or accrued vacation pay and extend your stay on payroll for that much time.
 
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What do you mean by saying "I heard that INS is inclined on counting the 180 days from Oct 17th,2000."?

The 180 days count should start from either the Receipt Date or Notice Date. The counting doesn\'t start from October 17, 2000.

However, I advise you to obtain an EAD card ASAP. This way you can make the switch much easier after the 180 days are over.

Please do not leave your current company; take an unpaid vacation until April 2001 comes, at which point, INS will then publish the regulations. If you get am EAD card before then, try to work part time in a similar job at a different company while you are on an unpaid vacation at the sponsoring company. This way the switch will become very much facilated.
 
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I presume you have an EAD by now? If so, you can simply switch employers - DO IT IMMEDIATELY - and get your new employer to take over the AOS (Adjustment of Status) process. If you have your ex-employer\'s I-140 with you, then you can apply that at the time of AOS - as long as your ex-employer doesn\'t discountinue the AOS process, i.e., doesn\'t send notification to the INS to discontinue your process. However, you WILL want to get a hold of your own attorney, and transfer the case over to this new attorney that you are paying for. (Your new attorney will advise you how to go about it.) If you want to want to be 100% sure, then use your EAD to move to a new employer, and get the new employer to get you a new I-140 and and apply that at the time of AOS. Right now, RIR based I-140\'s are taking just about 3-4 months - and you\'re a lot more time away from the AOS. So, you have time. Use it wisely. Also, spend some of your money and get yourself a lawyer and consult him/her.
 
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Thanks for your message. If I move to the new employer using an EAD, do I have to file for an H1B again?

Also, you mentioned I start my I-140 with the new employer. Won\'t I have to file even for the LC ?

My EAD is going to expire in Oct\'2001 and my ND date is Aug\'2000. What happens if my case is not approved by Oct\'2001 in terms of my work status? I am filing from VSC , EB2

Thanks in advance for your help......
 
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gap,

I am just addressing with regard to your AD. You could file for an extension right now, or later on. You do not need your employer\'s help on that. Please hookup for procedures in this board...
 
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Few Things I Know
1. You can use EAD to join another employer
2. Make sure you find job in same skill sets
3. I think you can just do I140 with new employer and keep it ready just incase VSC asks for it
4. VSC may not ask you for new I140 as they are coming up with new regulation soon.

get a good lawyer
 
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Dgap, Join a new company as you have the EAD, then file for new
I-140 only if you get a query from the INS Re employer letter or any thing that is to do with the previous employer.
When you file for new I-140 also mail in the copy of the query letter and the layoff letter so they know that it is in response to the query, make sure when you file I-140 the Job Title and the Job Description is the same as the previous Job also if you move to a different location that the salary is in accordance with the Labor requirements.

Don\'t worry every thing should be OK, I had the first hand experience of the situation you are in, my I-140 through a new employer got approved.

Don\'t ask any more questions just do it. Take the help of a very good Lawyer.

My details EB3 PD 4/96 RD 7/99 RD 8/99 FP 6/2000, RFE 10/2000
RFE responded with application of new I-140 with a new Employer 1/2001
I-140 approved 2/2001 case transferred to local INS 2/2001,
eagerly awaiting Interview notice.

Good Luck.
Steve.
 
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