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Layoff after I485 applied. What I need to do?

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  • Layoff after I485 applied. What I need to do?

    Here is my critical situation. Any help or suggestion is valuable. Please, let me know your ideas or thought processes. I am in I485 stage and I also got the work permit. My status is work permit. I applied for the I485 in Feb'2002. It's almost 3 months over. I have very few chances of staying with this company because another round of layoff. If I lost this job, do I have to switch back to H1B? Do I have to get the another job immediately within 15 days [grace period] after I lost the job? If I cross the 6 months, Can I work without any status problems? Is there any limitations or restrictions If I leave the company after 6 months of I485

    Thanks in advance
    Last edited by Guest; 09-28-2005, 02:54 PM.

  • #2
    Some info found in i-l-w on a different website

    The law states that both labor certifications and employment-based visa petitions remain valid with respect to a "new job" where the INS fails to adjudicate an application for adjustment of status within 180 days "if the new job is in the same or a similar occupation as the job for which the "petition was approved" or the "(labor) certification was issued."

    This seems simple, doesn't it? Of course, since there are currently no INS regulations interpreting the statute, reasonable minds may disagree about what the phrase "same or similar occupation" means. What if a software engineer becomes a senior software engineer? Not much of a stretch. However, if she becomes the VP for Software Operations, her attorney may have to do battle with the government to get her adjustment application approved.

    In practice, an applicant who changes jobs after the I-485 has been submitted should send both letters to the INS by certified mail.
    Last edited by Guest; 09-28-2005, 02:54 PM.

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