I-485, layoff

[scria]

I -485
Notice Date: Nov 23, 2001
Finger Printing Done: January 15, 2002
California

My layoff date is April 7th by the employer who sponsored my H1 and green card.
Do I have to leave the country, if after April 7th, the INS requests proof of employment or invites me for a interview (and I don't have a job by then)?

Please let me know, this is a real situation. Thanks.


AP received: Feb. 4, 2002
EAD: Not received yet

[arunkumar72]

Wish you all the best

You should be getting your EAD soon.

When INS calls you for interview, they will not ask for the proof of employment.

My wife got her GC exactly 2.5 months after the Finger Printing(Texas) . Since you are done with your FP you should be getting your GC soon.

However, it is good idea to contact a good immigration lawyer with your questions.

Wish you all the best.

[jl1029jl]

re:my 2 cents

i THINK YOU 'D better get another job when you asked foremployment or got interview.

[eyenh]

My comparative Tip

My Notice Date was 1st Week of October,
FP last week of Dec,
Got EAD 2nd week of january,
going to be 6months, still looking and hoping for GC, and praying to God.

[ani485]

I am also in almost a similar situation
These are my details:
CSC RD and ND are in Nov01.
EAD approved in March 2002. FP is also done this year.
I have completed 180 days. They are going to do layoff soon.
These are my questions:
1. If I get an RFE/Interview how many months paystubs we need to carry?
2. Is it required to have the exact same job requirements for the new job? If not, will they reject AOS?
3. How soon should we inform the job change to INS.
4. Is it true that AC-21 fully implemented?

The response to these questions greatly appreciated.

[immi007]

pl. update

You should have the job at the time of interview/RFE/approval. If you don't get an RFE or interview, and get the approval directly, it will be checked at the time of applying for citizenship.

1. If I get an RFE/Interview how many months paystubs we need to carry?

- normally last 2-3 months paystubs are asked.

2. Is it required to have the exact same job requirements for the new job? If not, will they reject AOS?

- INS says simialr - not exact. This is a not clear, and is upto INS, but a programmer is a programmer!

3. How soon should we inform the job change to INS.

- It is not mandatory. Normally, wait till you get the RFE. Otherwise, it will be lost in the pile of mail. There is a barcode in RFE to track your response.


4. Is it true that AC-21 fully implemented?

- The regulations are not out, and it is not clear how INS will interpret the same words you and me read! INS is very creative!

[ani485]

Thanks immi007 for your reply. I am laidoff now and in search of a job.

[immi007]

get a job

I am sure you are looking for job, but just wanted to stress that getting a job should be a priority. With the curernt economic situation, there are lots of RFEs generated by INS. They want to make sure that you still have a job, and will not be the next to stand in the unemployment line. In case, you get an RFE, and it is to show evidence of employment, you should have a job, otherwise your 485 will be denied.Try to get the job ASAP. All the best,

[ani485]

Thanks again immi007. I am out of the job last week and struggling to find a new one. Very concerned about the issues you mentioned. INS is unpredictable other wise my case would have handled in these 270 days period and the probabilities of getting RFEs are random.

[hkg777]

RE:I-485, h1b extn,bankruptcy

Hi,
My details:
Notice Dte(I-485): Nov'01
FP dte: Jan '02
H1 & H4 extn: Apr'02
- Haven't applied for EAD.
- Have used 5yrs of H1.
- CSC
- crossed 180 day
a) Can anyone shed some light over the confusion that I have, in case if my employer files for bankruptcy(Chapter11)? What is my status and what I need to do?
b) Can I switch employers and whether my new employer need to reapply my I-485?
c) Also I noticed the I485 current now and that they(CSC) are processing Aug '01.

Any suggestions/advice from experienced ppl on the board is highly appreciated!
Anxiously waiting,
HKG

[immi007]

hkg

First, Ch. 11 does not mean 'no business activity'. Ch. 11 is a protection from court so that you don't have to pay the banks, other lenders etc.. However, the business may continue. Of course, normally with Ch.11, cost cutting measures come, and so comes lay offs. So if there is a chance that you may be laid off, you can change employer since 180 days have been passed. It would be better if you had EAD as the new employer may not be willing to sponsor, and with EAD you can start working the very next day.

Your status is OK as long as the co. (or the new co.) is ready to provide a letter of employment.

Your new employer does not need to apply for 485 again.

[hkg777]

Clarify

Thanks, immi007 for the response!
however when you say without EAD the new employer "may not be willing" to "sponsor" what does that mean? Does that mean the new employer needs to sponsor me for a visa? or what would one need to have to switch to new employer in this situation?
Please clarify...thanks in advance!!!
HKG

[immi007]

Sponsor

I should have clarified that the new co. may not be willing to sponsor H-1. In that case, your EAD will be helpful to start work there.

[hkg777]

EAD

Thanks immi007!
Another question: Is it too late to apply for an EAD since that my co. has filed H1B extn. and if otherwise can I file it myself? Would that be a problem? Appreciate your help!
HKG

[Vidur68]

I-485 pending and laidoff

Can I collect unemployment benefits, since I have EAD.