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URGENT help required, Laid off after applying for AOS

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  • URGENT help required, Laid off after applying for AOS

    I applied for my I 485 in April 2001, with RD 04/04/01 and ND 04/25/01. (EB2 RIR- INDIA CSC)

    I was laid off from my company after about 120 days of applying for AOS.

    Fortunately I got my EAD and got a new job which has the same job description (but a different Title) as in my Labor certification.

    Although I joined in my new job using the EAD, the company attoney says I need to apply for H1 and start the green card from the beginning.

    My previous company has agreed not to withdraw my application and give my severance pay distributed for two months. Basically I will have pay stubs from my old company for 180 days after filing of my I 485 Receipt date.

    Please advise whether I should go again for H1 status and start my green card from the begninning ? Will I still get my green card If I simply do my finger print and wait for the stamping

    If the INS asks for RFE should I provide the pay stubs from old company or from the new company ?

    Please help with your valued answers.
    Your answers would be highly appreciated

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