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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 01-18-2013, 09:24 AM
princetn princetn is offline
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Unhappy Laid off while on h1b and green card is pending?

Hi everyone,

I will be laid off from my job by end of next month and I would like to know what are my options.

Right now I am working with a company on h1b visa which they (company) sponsored for me in May of 2012 so the visa is valid until 2015 but they told me that once i am laid off I should leave the country and they said they should buy me a ticket to go back to my home country if I did not find another employer or changed my status.

Right now I do not have any new job offers but I am still applying for different jobs in the hope of getting a new job before that date.

Additionally, I self petitioned (by myself, I paid and filed all the necessary supporting documents with the forms) for NIW I-140 for a green card and applied concurrently with my I-140 for I-485 status adjustment and I-765 as well as I-131 all together were accepted by USCIS on the 1st of december of 2012.
application status as of today is:
I-140: initial review
I-485: accepted
I-765: initial review
I-131: initial review
I have done the fingerprint lately.

So can you please tell me what are my options and how I should act?

1) If I have to leave the country when should I leave so I can plan for that as well.
2) Is there any grace period related with the H1-B?
3) Does my pending green card application allow me to stay in the states while looking for a new job while waiting for decision/approval?
4) will this layoff have any effect on my green card application?

Thanks in advance.
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  #2  
Old 01-18-2013, 10:31 AM
richasamuel@yahoo.com richasamuel@yahoo.com is offline
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Dear Princetn,
Actually I have gone through this myself.As I was a health professional it was more difficult to find a new job in this tough job market,hence I decided to move back to home country.But since you have time & as you know in advance,There are many options you have before you.If you get job before you are being laid off is an excellent option.Other wise in case if by next month end you dont get a new job then you can request your current employer to give you unpaid leave for a few weeks so that it might help you to find & get a new job,if your employer accepts it then you are fine if not then the only option for you will be to without fail strictly apply for change of status to B Visa at least a week before you are relieved from your job.That will buy you time.I am sure that should help you.You have to leave US Immediately if you do not apply for change of status.in any case you should not live in US for 180 days or more once you leave the job & are without status.regarding your current petitions,your I 140 will be valid if its approved,any way once you get a new employer consult a good immigration lawyer to get back on the fun ride process.I suggest you stop worrying about moving out of US & put efforts to find a new job
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Old 01-18-2013, 10:40 AM
princetn princetn is offline
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Quote:
Originally Posted by richasamuel@yahoo.com View Post
Dear Princetn,
Actually I have gone through this myself.As I was a health professional it was more difficult to find a new job in this tough job market,hence I decided to move back to home country.....status.regarding your current petitions,your I 140 will be valid if its approved,any way once you get a new employer consult a good immigration lawyer to get back on the fun ride process.I suggest you stop worrying about moving out of US & put efforts to find a new job
Can you please provide some references for your answer. I also wonder if the green card application is considered as an application for status change already. meaning what is the point for me to apply for a visitor visa if i already applied for a green card?
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Old 01-18-2013, 11:04 AM
krishmunn krishmunn is offline
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Since you have applied for your 485, you are "in status" while it is pending. You do not need H1 (or COS to any other Visa status). However, you cannot work (without H1) since you do not have EAD.

You also carry a major risk since your 140 is not approved yet. If 140 is denied that will cause your 485 to be denied too and you will fall out of status.

Try finding a job on H1 but you can always wait till the fate of your 140 is decided. Even if it is denied, you can do MTR and it will keep you in status for some more time
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Old 01-18-2013, 12:00 PM
amvjmisc amvjmisc is offline
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I was in a similar situation and had one month notice to find an another job. The good thing in my case was that I had just received my EAD and my employer said they will not revoke my I-140 and will revoke my H1B within 30 days of my termination date. I consulted a lawyer and she suggested that i will not go out of status since i have EAD. But if i had to change employer in H1B, the new employer should file H1B with in 30 days of the termination date as well. Otherwise i have to go through consular processing to get the new H1B visa. The lawyer suggested to hold on to the non-immigrant H1-B visa even though i had my EAD. Luckily i found a employer you agreed to process H1B. Please consult a lawyer for your particular scenario.
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Old 01-18-2013, 01:24 PM
bailoor bailoor is offline
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In US, losing job and finding new job is a process. It happens to everyone.

As you have applied for I-485 and EAD during December month, you should get it by end of February.
USCIS needs money. They will accept your application.

Inform your employer not to revoke your I-140.

With the new EAD, you can find new job and new employer. In EAD status, you get better pay compared on H-1B visa. Also, most of the employers accept EAD candidate faster compared to the H-1B transfer case.

If it takes 6 months to get next job, wait with patience. You can stay in US, till your H-1B expiration date.

Good Luck.
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Old 01-18-2013, 10:56 PM
richasamuel@yahoo.com richasamuel@yahoo.com is offline
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Princetn Instead of you asking me References I suggest you email immigration Attorneys with your query,& they will give you free legal advice.email to Micheal brown at Michael Brown <mbrown@pbclaw.com>; or Vonda at Vonda K Vandaveer <vkvandaveer@gmail.com>; or V.K. Vandaveer, PLLC <vonda@vkvlaw.com>; or go to DEFERRED ACTION Immigration Lawyer 503.924.2298 & contact Brent Parilli.
Good luck
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