will be laid off b4 180 days question

[agp]

Hi Everyone,

I am a new comer to the forum so please do help me out here. I have filed I140 and I485 on Dec 8th, 2003. I have already recieved the EAD. However, my company is laying me off on March 12th 2004. What are my options in keeping the 485 alive?

1) Can I ask the company to give me a 180+ days termination date (without pay from when I am actually laid off)? Is that a work around this problem? Will I still satisfy the AC21 rule?

2) If my company does not inform USCIS about laying me off - does that mean the application will be alive?

3) Can I use the EAD to find another job?

Folks, tell me some options here. I am really need your help.

Thanks in advance.

 

[sb_tiger]

1. Technically to use AC21 - you should have 140 approved and 485 pending for more than 180 days. Lots of people get approved who got laid off before 140 was approved and 485 was pending less than 180 days.
For your benefit- you can ask the co. to lay you off after 6 mo. of 485 pending- may not really matter a whole lot.

2. The company has no obligation to inform anyone about your layoff- unlike H1. The only way they do anything is by revoking 140. So if they don't revoke 140 you are good.

3. EAD is valid and good as long as 485 is pending. So you can take new job with EAD.

As long as the company does not revoke the 140 application you would be fine for all practical purposes.
The fact that you were laid off and not quit and the company did not revoke the process holds hugely in your favor.


HTH