Urgetn - being laid off less than 180 days after I-485 filing

[gre3]

Urgent - being laid off less than 180 days after I-485 filing

Please help with advice - need urgently!

CURRENT STATUS
On L1-B since Jul'06
LC completed, EB2 category, PD is current.
Going to file I-140 in the next several days with concurrent or subsequent I-485 filing.

PROBLEM
It's possible that my position will be eliminated and in 2-2.5 months I will have to
- change job to a similar one IF available, but not the same and in a different state
or
- leave the company.

QUESTIONS
1)
If I-140 is processed within 15 days using Premium Processing (EB2 has been just added to the list) and then I-485 is filed before I am laid off,
will I be able to:

a) switch to a similar job in the same company, but at a different location?

b) Get Advance Parole, get EAD, leave the current employer, leave U.S. temporarily, return back to U.S. when I-485 filing is 180 days old (assuming that I-485 will not be processed within 180 days), start similar job at another company, then invoke AC21 ?

2) Does Premium Processing for I-140 affect processing of I-485 if filed concurrenty?

3) Are there any ways to expedite I-485 processing, taking into account that PD is current ?

4) Any advice what else I can do to complete I-485 in this situation?

I will be talking to my lawyer, but your advice will be also very appreciated.

Many thanks

 

[ginnu]

Please help with advice - need urgently!

CURRENT STATUS
On L1-B since Jul'06
LC completed, EB2 category, PD is current.
Going to file I-140 in the next several days with concurrent or subsequent I-485 filing.

PROBLEM
It's possible that my position will be eliminated and in 2-2.5 months I will have to
- change job to a similar one IF available, but not the same and in a different state
or
- leave the company.
------------------------ you can only use AC21 if get similar job and I-140 approved and I-485 pending more than 180 days
QUESTIONS
1)
If I-140 is processed within 15 days using Premium Processing (EB2 has been just added to the list) and then I-485 is filed before I am laid off,
will I be able to:

a) switch to a similar job in the same company, but at a different location?
-----------------Yes
b) Get Advance Parole, get EAD, leave the current employer, leave U.S. temporarily, return back to U.S. when I-485 filing is 180 days old (assuming that I-485 will not be processed within 180 days), start similar job at another company, then invoke AC21 ?
--------------Yes, if the I-140 gets approved and past employer dont revoke I-140
2) Does Premium Processing for I-140 affect processing of I-485 if filed concurrenty?
--------------no, it will be better for you
3) Are there any ways to expedite I-485 processing, taking into account that PD is current ?
------------ I dont know
4) Any advice what else I can do to complete I-485 in this situation?
------------ request the employer not to revoke I-140
I will be talking to my lawyer, but your advice will be also very appreciated.
------ talk to your lawyer with all details
Many thanks

 

[gre3]

Ginnu, thank you so much.

Could you please also cofirm the following:

1) Is EAD, which I can get when filing I-485, enough for starting a similar job at another company 180 days after filing I-485?

2) If yes for 1), do I necessarily need to leave and then re-enter U.S. using Advance Parole for that purpose?


Many thanks

 

[ginnu]

Ginnu, thank you so much.

Could you please also cofirm the following:

1) Is EAD, which I can get when filing I-485, enough for starting a similar job at another company 180 days after filing I-485?
-------------- YES, you can use EAD, if use EAD then you can use AP to reenter when you go out.
2) If yes for 1), do I necessarily need to leave and then re-enter U.S. using Advance Parole for that purpose?
----------NO, just start working on EAD. why to go out and reenter?? where did you read that?
*** keep valid EAD with you and always file EAD renewal 4- 5 months before EAD is going to expire and keep valid AP with you and always file new AP 4-5 months advance before AP is going to expire

Many thanks

 

[gre3]

Thank you.
Yet another couple of questions...

My L1-B visa and I-94 expire on Apr'08.
But I will be out of L1 status once I quit the job with my current emloyer, correct?
This may happen before my Advance Parole application gets approved.

How can I ensure my status in U.S. is legal until I get Advance Parole processed?

Do I necessarily need to be in U.S. until Advance Parole gets processed? Or can I leave U.S. after submitting I-131 and then when it's processed get a stamp or whatever in a U.S. consulate abroad?

Thanks a lot

 

[ginnu]

Thank you.
Yet another couple of questions...

My L1-B visa and I-94 expire on Apr'08.
But I will be out of L1 status once I quit the job with my current emloyer, correct?
This may happen before my Advance Parole application gets approved.

How can I ensure my status in U.S. is legal until I get Advance Parole processed?
---------------- your status will be pending AOS as you have filed I-485

Do I necessarily need to be in U.S. until Advance Parole gets processed? Or can I leave U.S. after submitting I-131 and then when it's processed get a stamp or whatever in a U.S. consulate abroad?
------------ if one need to use AP to enter US then that AP has to be filed when you are IN US and need to be approved while you are IN US before you go out if US
Thanks a lot