What if you are laid off before 180 days.

D

dbneedshelp

Registered Users (C)
I am sorry, but I saw this as the footer text for this section, but could not find the answer within. Can anyone summarize for me. I am in this exact situation, although I did get the EAD (60 days since conurrent filing) ? I have only until FEB 2004 for my current H1B (6 years). The company that laid me off will not cancel the I-140.

thanks
 
If you are in a position where I140 has not been approved, then there is a risk. BCIS has not come out with regulations regarding applicability of AC21 for concurrent filers.

If your I140 has been approved, and you have not crossed 180 days from I485 RD, most service centers (and ASCs) accept the intrepretation that as long as 485 was not adjudicated for 180 days from RD, you are safe... Subjective, but is a good argument. Consult a lawyer.
 
I am in similar situation, but now I have passed the 180 days line.

Can I use my EAD to work for any interim employer (say, a restraurant) who does not necessarily offer the "similar" job and same or higher salary than my previous employer did while I continue looking for the final employer to work for and use AC21?

How about interim contractor job?

Thanks for any hint!
 
dbneedshelp,

has your i-140 been approved? if your i-140 has been approved, use AC21 and find yourself a similar job asap.

i have seen a couple of cases where this has happened (i-140 approved, laid off before 180 days, used ac21, found a job on ead) and people have been approved. good luck to you!

waitingformygc,

dude, the conditions of ac21 stipulate that you should have a similar job. the similar job should pay you more than what was on your labor. my personal belief is that it is okay if you work in a restaurant for a few days...but that should not be your only lifeline. you got to find a similar job
 
I did concurrent filing, so my I-140 has not been approved. If the new job is in a different state, can I be paid less, because it's a cheaper city ?
 
dbneedshelp,

the best case for you is that your i-140 is approved without a rfe. you will need to consult a lawyer if you have a rfe.

you can take a job which is similar. about pay, i think you are okay if you can prove that you are still above prevailing wage. my understanding from looking at a few threads in this forum is that if you are paid 5-10% less than what are you paid right now, and you are still above prevailing wage in your are, you should be okay.

again, you should understand that i am not a lawyer.
 
If I-485 not adjudicated before 180 days... then...

If your I-485 does not get adjudicated before 180days then u may not have problem. My lawyer told like that. But you can still change Jobs before 180 days and can apply for portability as long as I-485 does not get adjudicated before 180 days.
 
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If your I-485 does not get adjudicated before 180days then u may not have problem. My lawyer told like that. But you can still change Jobs before 180 days and can apply for portability as long as I-485 does not get adjudicated before 180 days.
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It is the interesting and exciting information. But almost all case can fit this requirement, since I-485 definitely will not completed in 180 days, and finally we need to find a same or similar job to get GC.

Is there any sucessful case we can reference? If that is true, we don't need to worry about the outsource, change new smimilar job. That will be so great !!!!!
 
No reference from me

I have no reference like this case. I am saying what my lawyer told me. you can post this question at Murthy chat and ask.
 
all said and done, dbneedshelp still has to get his i-140 approval. it would be better for dbneedshelp if his i-140 is approved without a rfe.
 
Hi,

I have a question, is it still 180 days rule if you file i140&485 concurrently? or the 180 days start after the 140 approval?
If you switch job after that 180 days rule then should you have a job in the same field?

Thanks
 
2hard2getGC:
I have a question, is it still 180 days rule if you file i140&485 concurrently? or the 180 days start after the 140 approval?
If you switch job after that 180 days rule then should you have a job in the same field?
---- I-485 should be pending after I-140 approval (according to Sheela Murthy) to use AC 21 you need to have Same/similar job and new employer should pay the salary according to LC


aravind741, casttree
“If your I-485 does not get adjudicated before 180days then u may not have problem. My lawyer told like that. But you can still change Jobs before 180 days and can apply for portability as long as I-485 does not get adjudicated before 180 days.”
----- AND your past employer should not revoke your I-140, I read 2 cases were denied by CSC and NSC where the I-485 was pending more than 180 days (based on approved I-140) and employer revoked I-140 after 180 days. These cases were denied by NSC and CSC, the BCIS officer replied that they don’t have any written policy from BCIS regarding the above situation, then Sheela Murthy posted that they contacted BCIS H.Q and they said that they will request to the Service centers, no update about these cases that were denied. If the denied cases would have been approved she should have immediately posted on her site” Another Victory of Murthy Law office”
One AC21 case in Baltimore, Local BCIS office denied the case because the employee was working at different location. According to Murthy that case has been appealed.
IF you read Murthy chat for last 7-8 months she is changing her stand and her statements are contradictory the reason is lack of final AC21 regulations and when she notices diffrent trends by any service centre she changes her standand nobody is sure what will be in final AC21 regulations. Everybody is posting according to INS June AC21 Memo or reading the AC21 law
 
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Attorneys

Originally posted by ginnu
... then Sheela Murthy posted that they contacted BCIS H.Q and they said that they will request to the Service centers, no update about these cases that were denied. If the denied cases would have been approved she should have immediately posted on her site” Another Victory of Murthy Law office”
One AC21 case in Baltimore, Local BCIS office denied the case because the employee was working at different location. According to Murthy that case has been appealed.
IF you read Murthy chat for last 7-8 months she is changing her stand and her statements are contradictory the reason is lack of final AC21 regulations and when she notices diffrent trends by any service centre she changes her standand nobody is sure what will be in final AC21 regulations. Everybody is posting according to INS June AC21 Memo or reading the AC21 law
Click to expand...

Probably thats what all immigration lawyers are doing at this time, right :)? Is there any concensus on good immigratiuon lawyers, based on expertise, good client relationships & success rate?
 
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