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Robert Kumar
11-08-2010, 08:46 AM
Hi All,

How will it work for anybody who is laid off with 485 pending.
Have had H1B till now, with all paystubs. Priority date 2005(EB3), AP and EAD in hand. EAD expires middle of Next year.

1. Will the employer withdraw 485.
2. In that case how will future EADs and APs approved, as they are done based on pending 485.
3. Is the employer needed to withdraw these petitions like 140, 485.
4. If I join a new employer with EAD, then will they have to do my GC again from scratch, or should I just wait till dates become current. If so, then how will I get EAD extensions if 485 is withdrawn(let us say).

I'm trying to find a H1B employer, but please let me know how to handle this.

I know you guys are very busy this Monday morning, but please spend a minute for me, as I feel miserable.

Thank you,
Bobby.

madmonkey
11-08-2010, 09:10 AM
your employed cannot revoke ur 485 - that is your application, and so you will continue to have a status here as 'pending 485' until ur 485 gets approved. So your current employer has nothing to do with ur GC anymore.

As for employment, yes, you need to find another job ASAP and either work on your EAD or switch to another H1. You can continue to renew EAD as long ur 485 is pending.

lfadgyas
11-08-2010, 09:41 AM
1. Will the employer withdraw 485.

No – I do not think so. As far as I know 485 is based on your labor certification – which was approved long time ago. By this time it is "yours". Collect your documents – you should have your LC somewhere … (There was some topic earlier talking about LC substitution – where the employer could use “your” LC and hire somebody for your position – In this case your 485 could have problems - probably this will not be the case this time + I do not know that they can do this anymore – some change was implemented in the law)

2. In that case how will future EADs and APs approved, as they are done based on pending 485.

EAD and AP is based on your PENDING 485 - renewing it as far as I know does not require to submit evidence about employment (might be wrong here – I’ve seen some new EAD application forms where was a field like this – not sure about this)

3. Is the employer needed to withdraw these petitions like 140, 485.

No, however if requested they will respond that you are no longer employed.

4. If I join a new employer with EAD, then will they have to do my GC again from scratch, or should I just wait till dates become current. If so, then how will I get EAD extensions if 485 is withdrawn(let us say).

With EAD you are free to work for a new employer as far as your position/job description is the “same” or “similar” as it is on your original LC – well good luck to interpret this: there are tons of information about this on the internet – search for AC21 portability.


I'm trying to find a H1B employer, but please let me know how to handle this.

You might find one or not (who are do the H1B for you) – however, till you are on EAD you are ok. I do not see your country/chargeability – if ROW then find a employer ASP since they might send you a RFE as the dates are getting close.
If you are from India with EB3 – I do not know about RFE-s – but for sure you need a job…

Also – there was a memo about to report the job changes (Texas service center pilot email notification protocol – not much info about this – Experts: is this working? Any info?).

Anyway, Currently 50% saying that you have to report your job change and the other 50% saying you should not.

Overall: - try to maintain good relationship with your previous employer (HR department, somebody etc) – at least they could notify you if something comes in…;

-Find a job in your field which satisfies AC21 portability rules;
-Do not start the job interview that you would need H1b and all sorts of help regarding your immigration situation;

-Using EAD – they should employ you if you are ok for that position otherwise;
-Do not apply for unemployment benefits
-Also: 485 is for future employment. If you can have some letter from your former employer (or any employer) that they willing to hire you as soon as you have your GC that might be handy too (in a situation where you receive a RFE between jobs) - let me know if you can find an employer who writes a letter like that - :rolleyes:
-If you move report your address change.
Best,
L

punjabi
11-08-2010, 01:56 PM
My suggestion is:

* Start using your EAD and do not spend energy on further H1Bs.
* In most cases, your new job would be "same" or "similar" to your old job, so get your new employer to file AC21 for you. (I recommend filing AC21)
* Your employer cannot revoke I-485. They can inform USCIS as far your I-140 goes but it should not impact you as long as you have another job similar to the one you just had.

Good luck, my friend.


Hi All,

How will it work for anybody who is laid off with 485 pending.
...
...
Thank you,
Bobby.

Robert Kumar
11-08-2010, 02:38 PM
My suggestion is:

* Start using your EAD and do not spend energy on further H1Bs.
* In most cases, your new job would be "same" or "similar" to your old job, so get your new employer to file AC21 for you. (I recommend filing AC21)
* Your employer cannot revoke I-485. They can inform USCIS as far your I-140 goes but it should not impact you as long as you have another job similar to the one you just had.

Good luck, my friend.

Punjabi, And everybody,

I have no words to thank you all and for the detail you have provided.
I'm right now working on all options I have and will update you on what direction I'm taking.
I'm from EB3 India as somebody was checking. So, I also understand if I have to get the new employer file a new GC to get into EB2 if I want my GC faster.
So, if I join a new employer on EAD,
1. can I request them to file a new GC, or is EC possible only in case when I'm on H1 B. I guess I can use EAD to work and then go the EB2 route to port my date,
2. Also, till I get my next employment on EAD, do I need to do anything regarding my legal stay in the US.
My wife is on her own H1-B.

Please help,
Thanks,
Bobby.

lfadgyas
11-08-2010, 04:10 PM
I was/am in the same situation
1.) Find a job on EAD as fast as you can. You can go and figure out later if they willing to do a EB2 for you or not – at the moment should focus to find a job;
Regarding this – make sure you file for your EAD extension in time – lots of folks were in a hole with this – see corresponding threads – you can file 120 or 90 days in advance – check this; Same for AP - but this is up to you.


2.) Your status is legal while your I485 is pending; as your employment is ended I would say your H1B is over even if the date on your visa is still ok, so if you travel do not try to use that one to re-enter. Go AP instead;

3.) You said your wife is on her own H1B ??? or H4 dependent (based on your H1b)? This could be a major question – If she is ok and has a H1b you can be the dependent and have a h4 visa. And still can have EAD as you have now. – That will not make any changes you will work on EAD, but if you can have a h4 status – this can be handy too! – if this is the case check this with some lawyer. This can add some security to your case - just a feeling.

Regarding travel on AP: a layer told me that while you are between jobs you should avoid traveling out from the US- legally should not be a problem in theory – from me they never asked anything when I came back on AP – but if something goes wrong you better be inside the US than outside …(who will feed your dog if they will not let you back and so on …:(

Robert Kumar
11-08-2010, 09:50 PM
Thank you for your advice.
1. So if there something I need to do like to let INS know about my change of status from H1B to EAD. Do I need to file something. I dont have any new assignment in hand.

Good point that you said regarding renewal. Any ideas how many days it is taking these days for these documents to get cleared.

lfadgyas
11-09-2010, 09:55 AM
EAD/PA renewal - sent all the stuff in June9 - EAD card approval on July21, card received on July30. But: some folks had serious problems with this ... - as far as I know you can file 120 days before the exp date on your card; there is some "official" time out there showing that the average processing time is around 90 days or so. Most of the folks have it in a 30-60 day period but again!! - if you have no valid EAD you can not work!

You do not need to report anything right now. Find a job first.
Then consider reporting the job change if you want to (Again just a Note: - there are no solid guidelines for this - some say be honest and notify them about it - others are saying why you want to wake up the sleeping lion...)
I reported it, but not right away -I was already working for my new employer for a year... I/my attorney used that email notification system I guess- so far works only for the Texas service center - got a notice that it could take 90 + days for them to say anything. That was about 180 days ago... :D.

Also - this is what I did/is my opinion - does not mean that this applies to you 100%. If you have concerns etc - go to a immigration attorney and ask for help.

Robert Kumar
11-10-2010, 07:35 AM
Thank you for your advice.

What is the definition of a similar or same type of position in the new project.

My GC was applied in a "SAP type of implementation position where my education of Mechanical Engineering would help in modeling business processes into ERP". But my resume that was submitted has Java and other programming skills also
But in the last 4-5 years I was working on Networking and Systems Administration.
So if I work in this area (Networking and Administration), will there be a conflict.
My resume now has multiple skill set including Java and other programming langages including the AS/400 midrange systems.

lfadgyas
11-10-2010, 10:00 AM
Nothing to do with your resume or what were you doing for the company later – when they submitted your application for labor certification they sent also some detailed list about your job duties; also, there is a number called DOT or SOC code which was assigned to your labor certification. Yours must be some something like 15.XXX or 17.XXX .

Your new job “title” and the performed duties should be the same/similar. As per my research on the internet it looks like they will not go strictly by the job title – since this can be misleading – so they more interested in what you actually doing (job duties/description).

I do not know how serious this thing will be when (if) in the future you receive a RFE or if you have to go for interview (again if).
Could be no one will ask anything – your date will be current and you receive your card – who knows.
But use common sense – do not start working as a teacher or a pharmacist or pick up a job in McDonald’s ...
Sorry, this area is gray zone no one really knows what will happen. Lots of folks are in the same boat – by now working for a different employer in a slightly different job - time will tell.