180 days rule for AOS

[chacha11]

We often talk about changing employers upon reaching the 180 days target. But what if you are fired from a company after 180 days? Are you still safe and eligible for the AOS & free to find a new job?

[cligman]

After 180 days, get fired, open a business, get GC

Hello,

If fired after the 180 days since filing your I-485, I think you are supposed to find a new sponsoring job within 10 business days in order to maintain your I-485 status without doing anything special.

If you cannot find another job, open your own dot com business and sponsor your self until you get your GC.

However, no body knows how the 180 days rule will work. But there is no body will stop you if you find a similar job in your own company in order to make use of the new law.

Any idea from anybody out there, please let us know.

Thank you

[cligman]

In April the regulation of the New Law

In April the regulation of the New Law will be outlined. So please wait 2 more months before switching.

[tp126]

For cligman

Can you please explain why we are waiting fo rthe new law to be outlined. That is , will there be a difference when it will be

[cligman]

no

Lawyers say that they could not give advice until the regulations are published.

The regulations will not change anything in your case. But you still have to find a different company after you are fired. Make sure that the new job is similar; it doesn't have to be exactly the same.

Also make sure to count the 180 days from the ND and make sure you have an EAD card.

Any body with different suggestions?

[chenygc]

Does anyone actually get the use of this 180 days rule? I mean, leaving original company after file I-485 180 days and got GC without problem?

Any info is appreciated.

[fortune100]

180 days rule..

As per certain postings on the immihelp news site, INS is taking a humanitarian approach to those laid off in the current economic scenario(There is also no such thing as a 10 day rule). You maintain your legibility to live in the US as per the date(exit) recorded on your I94 card.
However, the actual implication of the portability law will be "worded" in April. Which means that the 180 days rule is currently applicable to those choosing to use it, "but to use it" wait up until April'01.

[fortune100]

180 days rule

Also,
To answer your question, you are pretty safe in changing your job based on the 180 days rule. But wait until April. (To all: Please do not broadcast the 10 days rule as it DOES NOT EXIST as per INS and a lot of people have left the country based on false assumptions- refer immihelp news today)
What would happen if one is out of status for a short period of time due to a layoff? It might be deterrent during the final I485 process. But, it might NOT also. INS has to clarify.

[tp126]

Do not worry

If you are fired and are laid off then you need not worry of out of status. Even if your visa expires you still can remain in US but tell that to attorney and INS. Nowadays, they accept this with a fine of $1000/- but the limitation is that you can not be out of status for more than 180 days. Some say 280 days. I am not the authority so please check with INS.

[GLyding]

Re: Do not worry

It is June now, the regualation is still not issued. when do you think this regulation will be issued?