vscwaiter10
Registered Users (C)
Guys,
Can someone clarify this? What if a person gets laid off during his I-485 pending(after 180 days has been passed)? Will he be safe enough to swithch jobs? I read this article at immigration-law.com which is referring to 245(i)
485 Waiters Temporarily Laid-Off: Underlying I-140 will remain valid unless the employer revokes. If somehow he/she can maintain nonimmigrant status during the period of lay-off, he/she will be able to get through 485 adjudication, even if the employer will have to overcome the issue of continuing existence of the petitioned job. However, if he/she fails to maintain a nonimmigrant status by engaging in unauthorized employment, 245(i) will be able to save him/her by filing a new I-485 with 485A and $1,000 fine. Filing of new 485 may be required since 245(i) excuses violations prior to filing of 485 and not post to filing of 485. It has been the INS practice that the INS continues to process the green card application with minimal loss of processing times.
485 Waiters Permanently Laid-Off: Underlying I-140 and labor certification will no longer support pending 485. These people should start labor certification/I-140 all over again through another employer. However, their priority dates are preserved, and all that matter are speedy processing of new labor certification/I-140. It is hoped that PERM Program in labor certification, Premium Service Fees for I-140 , and one-step I-140/485 come to reality soon for these people. The violation between the two proceedings will be excused by 245(i), and they will be able to file a new 485 once the new proceeding reaches that stage. Again, for these people, priority dates are less important than speedy completion of labor certification and I-140.
Your reply is truly appreciated.........
Can someone clarify this? What if a person gets laid off during his I-485 pending(after 180 days has been passed)? Will he be safe enough to swithch jobs? I read this article at immigration-law.com which is referring to 245(i)
485 Waiters Temporarily Laid-Off: Underlying I-140 will remain valid unless the employer revokes. If somehow he/she can maintain nonimmigrant status during the period of lay-off, he/she will be able to get through 485 adjudication, even if the employer will have to overcome the issue of continuing existence of the petitioned job. However, if he/she fails to maintain a nonimmigrant status by engaging in unauthorized employment, 245(i) will be able to save him/her by filing a new I-485 with 485A and $1,000 fine. Filing of new 485 may be required since 245(i) excuses violations prior to filing of 485 and not post to filing of 485. It has been the INS practice that the INS continues to process the green card application with minimal loss of processing times.
485 Waiters Permanently Laid-Off: Underlying I-140 and labor certification will no longer support pending 485. These people should start labor certification/I-140 all over again through another employer. However, their priority dates are preserved, and all that matter are speedy processing of new labor certification/I-140. It is hoped that PERM Program in labor certification, Premium Service Fees for I-140 , and one-step I-140/485 come to reality soon for these people. The violation between the two proceedings will be excused by 245(i), and they will be able to file a new 485 once the new proceeding reaches that stage. Again, for these people, priority dates are less important than speedy completion of labor certification and I-140.
Your reply is truly appreciated.........