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 Request for suggestion for pending I485 and lay off situation
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Posted on 01-13-15 8:24 PM     Reply [Subscribe]
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Request for suggestion
filed Concurrent I140(premium)/I485 under EB2(priority date is current for Nepali)

I140 approved in a week, I130 approved, EAD approved for 1 year

It's been 4 months since I485 has been recieved by USCIS (processing time 4 months dekaucha USCIS ko website ma)
But still not yet got the decision.

Unfortunately, the situation of my company is not good. They are letting people go due to the budget cut.
Seems like I may also let go providing two weeks notice.

It's not been 6 months(180 days yet) for AC21(green card portability) to change I485 to another employer.
What to do in such scenario?

Any advise?
Any one encountered this kind of scenario before?

Thank you for any appropriate suggestion.
 
Posted on 01-13-15 9:06 PM     [Snapshot: 56]     Reply [Subscribe]
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I think you should be good. Matter of weeks or couple months you will should get your green card. If you alrwady have finger print that is even better. If not, do walk in as soon as you get the date instead of waiting.
The best thing is you are still working and it may never happen what you are thinking. So chill out.
 
Posted on 01-13-15 9:09 PM     [Snapshot: 47]     Reply [Subscribe]
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IMO, since EB2 ROW is current you should be receiving adjustment of status confirmation anytime now. That's the sunny side scenario. Alternative path - start looking for similar job asap (with same skill-set, similar role etc) in an unlikely case there's an RFE that seeks your current employment verification (unlikely because I-140 is already approved and generally during adjudication of I-485 RFE of that type are rare. It's mostly personal - like BC, copies of passport, copies of I-20s, H1bs etc).
I am more than positive about your chances of getting GC pretty soon. All the best.
Source:
http://www.trackitt.com/usa-discussion-forums/i485-eb/215510491/layoff-on-pending-i-485

http://forum.murthy.com/index.php?/topic/49272-lay-off-while-on-ead-and-i-485-pending-pd-not-current/
 
Posted on 01-14-15 12:29 AM     [Snapshot: 203]     Reply [Subscribe]
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khairey
kalidasbhaisaab,

Immense thanks for your reply and information

Hope to have positive response.

I am much stressed due to the fact I came to realize lately that for AC21(Green card portability), i485 pending should be at least 6 months(180 days),
mine is not yet 180 days.

is there any good immigration lawyer you guys know that I can reach to.

Once again thank you for the information.
 
Posted on 01-14-15 6:39 AM     [Snapshot: 262]     Reply [Subscribe]
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Someone in another Forum had posted this, which sound very relevant to your case and I agree to that point.

"Your 180 days will be completed until a future date so no AC21 porting for now. I guess, if you can make sure that your company does not revoke your I-140 (at least till that 180 days), you should be good. In the mean time, you can join another compny on EAD. I read somewhere in the forums that in case of layoffs (<180 days), one should get a letter from the company that states that they are laying you off NOT that you are resigning. This letter sometimes helps if USCIS issues RFE."

First of all you are not laid off yet, so relax. In case you are, keep that letter - an important one for you, even later if you apply for Naturalization process. Since you are in good terms with your employer, hopefully they will not deliberately revoke the I-140 Petition for your application. In case you are laid off, start looking for other similar jobs (similar skill set, similar title etc). But that's just to be cautious. You should be alright my friend to receive Green Card pretty soon. Your days are numbered - I mean as a non-immigrant.

Btw, is your company an IT consulting company? Hopefully not, from your question. If yes, then it shouldn't be a problem finding another job in current market.

Any good lawyer? Unfortunately the attorney that was used by my company is a piece of cardboard so I cannot be much helpful there.
 
Posted on 01-14-15 7:17 AM     [Snapshot: 297]     Reply [Subscribe]
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I would just stay tight. It could approved any time. But I will suggest against actively poking USCIS for status and things like. Some time application stays in corner of officer's desk. And delay might help you to cross 6 month timeline. But if you cross 6 month they usually send RFE for job verification letter. So you need to make sure you have job that time.
 
Posted on 01-14-15 11:41 AM     [Snapshot: 446]     Reply [Subscribe]
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To all the above mentioned comments, I would like to add that GC filed based on EB categories (after I-140/I-130 is approved) are approved based on the 'job scope' in the wider market rather than the individual employer.

What this means is, when your perm/labor is approved by US DOL, they have acknowledged the need for the job you're (or will be) performing in the wider market. Of course, an employer has to initiate this process but once the I140/I130 are approved, legally and technically you will not have to stay with the employer who petitioned it. You can move to other employers. So, in this case, even if you're laid off from the current employer, you can always start with another employer and still not get your GC process impacted.

Now, it is also true that it is strongly suggested to remain with the petitioning employer for at least 6 months or more - this is to show that the petition was filed by both the employer and employee in good faith and that employee has/had every intention to work for the petitioning employer. However, things can change, and like in this case (God forbid, if you get laid off), you had every intention to stay with the petitioning employer but due to situation beyond your control have to switch to another employer. Be sure to keep all the documentations from the petitioning employer (official letters) just in case, you should be fine.

Good Luck.
 
Posted on 01-14-15 3:45 PM     [Snapshot: 569]     Reply [Subscribe]
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ask the question on www.avvo.com and attorneys will respond to you for free, usually 2 or 3 of them will do.
 
Posted on 01-14-15 8:14 PM     [Snapshot: 641]     Reply [Subscribe]
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Immense thanks to Kalidasbhaisaab and everyone for your kind information.

"I guess, if you can make sure that your company does not revoke your I-140 (at least till that 180 days), you should be good. In the mean time, you can join another compny on EAD."

-The attorney of my company never responds. He hasn't given even the copy of approved Perm and I140 although I asked him to.
I will ask the attorney if the company will revoke I140 or not. I wish they don't.

-I am afraid to work on EAD because if unfortunately i485 would be denied laters on then immediately I would be out of status. That's what I have learnt from trackitt and other site. So don't want to take that risk.
BTW, i am on IT field.

 
Posted on 01-14-15 8:16 PM     [Snapshot: 645]     Reply [Subscribe]
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Thank you Yakku,
"But I will suggest against actively poking USCIS for status and things like"

- Assuming it won't hurt, I already called USCIS after 4 months completion and they raised SR (Service Request) for my case. They said they will get back to me after 15 days with some information.
Not sure I did right think or wrong.
 
Posted on 01-14-15 8:29 PM     [Snapshot: 646]     Reply [Subscribe]
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Nevada,
Thank you very much for your reply and for all the reliable information.
I wish everything goes fine.

In case, (God forbid, if lay off happens),
I need to find a new job(in same/similar) category, I believe I will. However, while transferring h1b to new employer for new job, USICS may notice about it and if they issue RFE for
EVL(employment verification letter), what should be the better approach as that time I would not have EVL from petitioner employer.
I think in that case I have to submit EVL from new employer and termination letter from petitioner employer.
Just my understanding!!
Last edited: 14-Jan-15 08:28 PM

 
Posted on 01-14-15 8:31 PM     [Snapshot: 658]     Reply [Subscribe]
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ramprasadneupane, thank you for your suggestion.
I did ask in AVVO but they replied saying I better talk with lawyer regarding this.

So i posted in sajha expecting a suggestion from Nepalese friend and I got a suggestion and good wishes.
Heartfelt thanks to everyone for that.
 
Posted on 01-14-15 11:19 PM     [Snapshot: 712]     Reply [Subscribe]
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Ask if you can take an unpaid leave instead of getting laid off should that happen. Talk to HR and your lawyer and if it is possible to do so, I'm sure they'll agree and once you get GC you can resign.
 
Posted on 01-15-15 8:39 AM     [Snapshot: 771]     Reply [Subscribe]
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I wish they do agree to grant me a leave.
I tried once but seems like no positive response from them on it.
I 'll try once again.


 
Posted on 01-17-15 3:09 PM     [Snapshot: 956]     Reply [Subscribe]
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don't worry deepocean!
the decision would be made on your favor!
AC21 could be ported even before 180 days.
All you need is to have an offer letter (either from petitioner employee or new employer' stating 'same or similar job responsibility' should you get RFE.
Well, congrats on your GC. matter of couple weeks! you'll get it.
FYI

https://www.youtube.com/watch?v=RNZS19f4xuw
 
Posted on 02-23-15 11:01 PM     [Snapshot: 1449]     Reply [Subscribe]
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khairey
kalidasbhaisaab
Yakku
Nevada
Ramprasad neupane
Hakimsaab
ani sojoketo

सबै brother हरुलाई मुरी मुरी धन्यबाद.
मेरो कैसे २ हफ्ता अगाडी अप्प्रोवेड भयो.
 


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