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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1  
Old 01-13-2011, 12:33 AM
reddy77 reddy77 is offline
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Default About to get laid off, Need some advice ..

Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

1) If I get laid off and my employer cancels the h1b, Am i out of status?

2) Can they cancel my approved i 140?

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

Thanks so much for all your help, Thanks ...
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  #2  
Old 01-13-2011, 12:50 AM
furiouspride furiouspride is offline
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This is a serious matter my friend. You should consult a good immigration attorney ASAP.
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  #3  
Old 01-13-2011, 03:31 AM
maddipati1 maddipati1 is offline
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Default see inline

see below next to ur Qs.

Quote:
Originally Posted by reddy77 View Post
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app

2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.


Thanks so much for all your help, Thanks ...


All my input is based on what i read on forums. i highly recommend to consult an attorney.

This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.

The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.

also imp is getting an offer letter even for future employment with matching job.
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  #4  
Old 01-13-2011, 07:20 AM
thomachan72 thomachan72 is offline
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Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.
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  #5  
Old 01-13-2011, 09:58 AM
reddy77 reddy77 is offline
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Thank you All for your prompt replies, much appreciated, one less worry. can focus on my job search. Again, Thanks and have a nice day ...
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  #6  
Old 01-13-2011, 11:42 AM
lfadgyas lfadgyas is offline
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Assuming (but hope not) you will be laid off:

1) If I get laid off and my employer cancels the h1b, Am i out of status?

No. First of all your employer will not cancel your H1b – i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B – it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed…-not sure)

As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status – if between jobs they ask for Employment verification or some other stuff and you can not proof that
i) you are working for your sponsoring company OR
ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
iii) have an offer letter for some company who willing to employ you when you receive your CG
well, then you will have issues…

2) Can they cancel my approved i 140?

I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on – and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification – whatever. They “costsaving” and they let you go – any other thing will incur extra cost for them…

But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

Not sure – as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment…
So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

So here it is:
-Collect your immigration papers;
-Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
-Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
-Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
-If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits – but somewhere I’ve seen this warning)
-If you move: report your new address!
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  #7  
Old 01-13-2011, 12:06 PM
PlainSpeak PlainSpeak is offline
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I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD

If I get laid off and my employer cancels the h1b, Am i out of status?
If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.

2) Can they cancel my approved i 140?
Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
See above ....

Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me
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  #8  
Old 01-13-2011, 12:21 PM
Ennada Ennada is offline
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Default Been there, done that

Quote:
Originally Posted by reddy77 View Post
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

1) If I get laid off and my employer cancels the h1b, Am i out of status?

2) Can they cancel my approved i 140?

3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

Good Luck.
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  #9  
Old 01-13-2011, 08:11 PM
reddy77 reddy77 is offline
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Default Thanks guys ...

Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...
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