Urgent - Please help

[tonyaaa]

I am positing this for a friend, who really needs some help.
__________

I work for a company in California which is asking me to go back to India in July. If I dont go back they are going to lay me off or fire me. My 485 is pending for a year. I have another offer from a company in same capacity as I am working currently. I have a few questions and will appreciate your help.

1] I have a EAD. If the GC approval does not come in interim, and I get fired, can my employer cancel my Green Card even though it is more than 180 days of 485 pending?

2] If I resign before I am sent back to India and join the other company - Can my employer do any harm to my Green Card? Can I join in same capacity while continuing my Green Card since more than 180 days have passed?

I will appreciate your response.

Regards

 

[vipsha]

Q1. Why your company wants you to go to india ?
Q2. Is there any condition like they have office in india, they will call you back etc.
Q4. How is your relation from your company?
Q3. What is you rWAC# ?

Besides above questions I would say

Since you have offer from other company and it has been more than 6 months since you filed 485 so your company can not pull off your 485 or 140. 140 is more important and at this stage they can not do any thing.
Legally you can join other company but I think instead of you resign let them layoff you.
You have AC21 to cover your base.

Don't be happy talk to some good lawyer and wait for other comments.

 

[lsamp]

use AC 21

I do hope you have an approved I-140 (sice concurrent filing startred in July and your 485 is pending for more than a year).

With the I-140 approval and 180 days after 485, I would wait for the lay-off, receive severance package (if applicable), use EAD to join another company.

Hope this helps. Also, try to retain the lawyer if possible.

 

[140_takes_4ever]

Originally posted by tonyaaa

1] I have a EAD. If the GC approval does not come in interim, and I get fired, can my employer cancel my Green Card even though it is more than 180 days of 485 pending?

You can change your job under AC21 without repercussions. While it is important to keep good relationship with your current employer, don't get browbeaten by threats. After 180 days an underlying I140 cannot be withdrawn.

2] If I resign before I am sent back to India and join the other company - Can my employer do any harm to my Green Card? Can I join in same capacity while continuing my Green Card since more than 180 days have passed?

The key issue is to join in a position with the same salary (or higher) and job title. If you have those two bases covered then you are set for the green card.

On a note of warning, be very careful if you accept the offer to go to India, cause that could be grounds for an abandonment of status. So the fact that you decide to go to India may be the worst alternative.

Offcourse, it is better to be laid off rather than resign, because of the severence package, benifits, etc.

Now that we have posted a few replies to your question, help us by posting details about your friend's case, eg. WAC, FP location, status etc.