Very Interesting - Hope for all of us who are laid off before 180 days - cut and paste

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helper007

Registered Users (C)
Chat User : Does it matter if laid off before 180 days and find a similar job? Did you raise this issue with INS during AILA conference in Boston?

Attorney Murthy : Yes, being laid off before 180 days is NOT the issue. The issue is whether the INS adjudicates the case within 180 days, which is luckily rather unlikely. So the INS delays are actually a blessing for those in your position.
 
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Helper007,
You are a real Helper!
Thanks for the info. This should give some sleep to a lot of guys.
 
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I cut and paste this from "http://www.murthy.com/chat0618.html"
it looks like completing 180 days on 485 is essential ???!!!???

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Chat User : Ms Murthy, if H1B is withdrawn by employer after being laid off and I have completed 180 days on 485, before that, will it affect the 485 processing? I have EAD. Thanks.

Attorney Murthy : Should not affect it based on AC21 as long as you can show work in the same or similar job.
 
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In a pretty simplistic view, it seems to me that the INS is \'punished\' for not processing the case in time. The punishment takes the form of a reward to the immigrant. Note that I am not an lawyer nor have I\'ve studied this particular law closely.

Another likely scenario is that the employer is in fact given 180 days to really make up his mind and withdraw the underlying I140 petition, if necessary. As we have seen in some postings on this board some employers try to use the 180 days to pressure the employees into signing long-term contracts. I would say that this type of attitude is more the exception than the norm.

Another way to look at the situation is that the the government got fed up of being painted as the bad guy while employers are reapping the benefits of the long delays and decided to expose such situations.

One way or the other it creates some (temporary) advantages for H1 workers.

Good luck!
 
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Well, Employers are still there where they were. How to hold people for a long time without paying them what they deserve. This is something they are still struggling with. I was talking to a lawyer and was surprised to know that companies are coming up with grand ideas like delaying the filing of I-485 even if the priority is current.

Isnt it amazing..everybody id just trying to work around the system.
 
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How do we know if the employer had withdrawn the I140 petition if laid off? Do we get any intimation from the INS.
 
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ProActice, I think I later convinced myself with the same simplistice view you came up with. I think it makes sense and it\'s just fair.

So if the INS can not do their job in 180 days, the immigrant gets some slack.
 
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