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Urgent help needed: Layoff when on H-1B and I-485 pending past 6 Months

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  • Urgent help needed: Layoff when on H-1B and I-485 pending past 6 Months

    Dear All.

    Thank you very much inadvance.

    My green card process details under "Company ABC" are as follows,
    • My labor certificate was processing under (India) EB3 (have the copy of Final Determination and Form ETA 750, Part A and B)"/priority date Mar 2004
    • I-140 and I-485 filed concurrently on July 2007/ Received I-140 approval on Sep 2006
    • In Company ABC I was working on H-1B, also have EAD and Advance Parole documents but I never used EAD
    • Also, just couple of months back I had a RFE on I-485 regarding date of birth registration and Company ABC attorney did responsed back to USCIS on time and is expected that USCIS will review response by Jul 12 2009.


    Unfortunately, I lost my job position because of economic downturn in Company ABC couple of days back (06/25/2009) now,
    • I need to know what are next steps to maintain my status and continue my green card process
    • I would like to know how much time I have to find a new job.
    • Identify my new attorney of representation (Notice of Entry of Appearance as Attorney or Representative USCIS form G-28)--> Do you have any recommendation in Detroit area.
    • I have almost all required documents to switch over to new attorney but still I would like to know what all documents are needed so that I can acquire from Company ABC attorney.

    I appreciate your valuable time to see the posting and responding. Thank you very much.

    Best Regards,

    Monty

  • #2
    1. Find a same similar job as per your labor and file a AC21 request with USCIS. Ask company ABC to not revoke your I140 as it could immediately trigger a 485 denial if there is no AC21 record on file.
    2. The sooner, the better. No time stipulation but you need a job if there is an RFE or an Interview or I140 is denied.
    3. No. Just call a few from the yellow pages and look them up online. Some forums have ads from attorneys that respond to user posts. You can check them.
    4. Labor and I140 copy, 485 filing copy would suffice. Once you hire a new attorney, they can request it from the old one.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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