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View Full Version : Layoff after 1 month of EAD and pending 485


fatboysam
06-28-2012, 11:18 AM
What happens if you get laid off after 1 month of getting EAD and pending 485 ?
Can you stay in country for more then 30 days and look for a job ?
Does the next employer has to start some process to continue GC ? plz help

808hiflip
06-29-2012, 01:32 PM
I think with EAD in hand, technically you can still work on any kind of work that you can find and start with it so long as the EAD is still un-expired or until its validity date. That card will buy you some time to find yourself a new sponsoring employer. But your pending I-485, if you said after a onth youre laid off, unfortunately will die also. Just think about this, because I just received my GC recently and before I got that, USCIS sent me a RFE thats asking a letter from my employer. The nature of this letter is to confirm and they want to know (USCIS) if youre still connected to your work and if the offer still stands. If youre not connected anymore to your work then how can you produce that letter if by any chance you will be ask of the same also? The best bet is for you to find a sponsoring employer fast before your EAD expires! Goodluck to you!

*Disclaimer
Please consult a competent immigration lawyer as this is just my personal opinion. Do not take this response as an answer or solution. Only an immigration lawyer can give you answers and direct you to the right way.

Hopeful1
06-30-2012, 10:58 PM
Few things to note:

1) As long as your 485 is pending you can stay in US
2) You can look for work and start working on EAD as long as it is valid
3) Once you find new employment and 485 has been pending 180 days or more you can use AC 21
4) If your 485 is denied or USCIS asks for employer verification letter before you have used AC21 then you may be in trouble
5) Your 485 may be automatically approved once your priority date is current...then you can enjoy the green card.

Hope this clarifies the situation. Find new job ASAP. Let me lnow if you have more questions.

pappu
07-01-2012, 08:14 AM
Could you update your profile. The answer depends on your filing dates.

thomachan72
07-01-2012, 08:41 AM
This is a very easy question for many experts in our forums. The problem is that IV has yet to find time and resources to get such people organized and create a system where such questions could be discussed and answered. Thre reflex answer everybody gives is: "consult a competent lawyer". That is true but we have always found that 10 lawyers give 10 different answers. For 95% of legal EB visa questions/filings we dont even need an attorney. I am anticipating that IV will in the near future (once we are done with 3012 and any other pressing tasks) get to organizing such a system.
We can even create a visa filing company formed by paralegals and other experts. This will reduce the need for attorneys who will be needed "ONLY" when there is actually a need for presentation before any court of law.

In this case as Pappu pointed out he/she has to update the profile accurately first.

kiransetty1
07-01-2012, 11:04 AM
Consult a lawyer. But I did observe couple of guys who were in the samboat as yours go their GC ultimately (ofcourse with different employer)

Amman
07-01-2012, 11:48 AM
As long as you can provide an evidence for your employment with an employer which meets the LC requirement during the adjudication process (if USCIS asks), then you are fine.

itsawait
07-12-2012, 01:09 PM
Few things to note:

1) As long as your 485 is pending you can stay in US
2) You can look for work and start working on EAD as long as it is valid
3) Once you find new employment and 485 has been pending 180 days or more you can use AC 21
4) If your 485 is denied or USCIS asks for employer verification letter before you have used AC21 then you may be in trouble
5) Your 485 may be automatically approved once your priority date is current...then you can enjoy the green card.

Hope this clarifies the situation. Find new job ASAP. Let me lnow if you have more questions.
Guys I am in the same boat and need advice. Background: Laid off 100 days after 485 filing. Category : EB2I
THere are 2 options - first is the one outlined above. Second is to try for H1B transfer through a desi consultant. Which route would you suggest and why?