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URGENT: getting layed off - what are my options??

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  • jagdsingh
    Thanks again for the in-debt answers.

    So, it seems that the main question here is if my current employer will keep on supporting my 140 or not, correct?

    If we consider that I do get support for 140 after lay off, what happens then? does it become a simple case of filing AC21 then?

    It seems to me that if they don't support my 140, then I can't use my EAD too since my 485 will be invalidated?

    As you know, it would be pretty hard to convince a new employer to file the required *immediately* upon joining, and looking at the rate my current 140 is progressing, to have another one approved before April 2009 does not seem like an option.

    Do let me know the possibilities when I do get support for my 140 from my old employer.

    Thanks for all you help in answering this, I have arranged to speak to a lawyer but I also wanted to get an insight on my options before speaking to him, so that I understand what questions to ask.

    Leave a comment:

  • txh1b
    That complicates things a whole lot for you. Your old employer could get queries for your I140 and choose not to answer or revoke your I140 and your 485 becomes useless and if you have not maintained your H1b status, you become out of status.

    It is necessary for you to maintain H1b status given your situation.

    You need to talk to a lawyer and evaluate options you have. Is your old employer ready to support you through the I140? If not, you need to have a new labor filed immediately by your new employer and you can port the PD from your previously approved labor while applying for the I140 with the new employer.

    Above all, this has (Labor, I140 approval) to be done before your 6th year expires. You can recapture time spent outside US on vacations etc if you want to buy more time on the H1b.

    If you are fortunate and your I140 gets approved before the layoff, you are lucky and all set.

    Leave a comment:

  • jagdsingh
    thanks a lot for the detailed answers txh1b. Just had one more thing, you mentioned 'Once 180 days are past the I485 filing and I140 is approved', in my case, 180 days have passed since the filing of I485 (aug 2007 to date), but since I filed both I-140, I485 concurrently, both are pending, I-140 is not approved yet. Does this change what you mentioend below (i.e.: I need to file AC 21 only)?

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  • txh1b
    1. Once 180 days are past the I485 filing and I140 is approved, current employer has got nothing to do. You need to find a similar job and get your AC21 request in to USCIS along with a G28 for a new attorney(preferable) as you don't want to deal with the old company's attorney.
    2. Title is not important. The job description and responsibilities have to be similar. The similar word gives little bit of advantage to the 485 adjustees as that can be used to their advantage. If you were a Programmer before, you cannot accept a job as a manager but can accept a job as a Systems Analyst.
    3. You can transfer your H1b to the new employer if you are still in status and are getting severance paychecks. As long as your PD is not current, you will get a 3 year extension if I140 is approved.
    4. a. You automatically become a parolee if you have 485 pending. The time to get a new job matters only if you want to be on H1b. If you become a parolee, you need to work on EAD.
    b. The new employer does not file AC21. There is no paperwork to file from the employer. They just have to provide you a letter of support and new job description.
    This thread would help.

    Leave a comment:

  • jagdsingh
    started a topic URGENT: getting layed off - what are my options??

    URGENT: getting layed off - what are my options??

    hello everyone,

    Sincere apologies if this has been asked before.

    Following is my case:
    1)Currently on H1b, six years expire on April 2009.
    2)140 & 485 concurrently filed on August 2007.
    3) Received EAD and AP
    4) 485 biometrics test done.

    My questions were:
    1) it seems from other posts that if I am layed off, my filing gets transferred and all I need to do is file in the addition form AC21(?). In such a scenario, what does my current employer need to do (if anything) to keep the process alive?

    2)Is it essential to look for a new job which has the same title as the GC application?

    3) Given my H1B expires in a years time, can I transfer my H1B, and keep renewing it with my new employer?

    4)Once layed off, how much time does one have in hand to:
    a) be in a valid status before one gets to the next job.
    b)till when my new employers have to agree on filing AC21?

    Appreciate all answers,