Implications if laid-off after filing for I-485??

[asknow]

Would like to findout, what the implications are, if one is laid-off within a month after filing for I-485??

1. Can one continue with the GC process with a new employer?
2. Should he start from scratch?
3. How long does it take to get an EAD?

Responses are greatly appreciated.
Thanx in advance.

[Doniw]

Implications if laid-off after filing for I-485??

If you filed in Vermont, EAD could come in about 2 months from the date of filing I-485

Once you get your EAD, you can pick up a job on that or on a H1-B and ask your new employer to file a new I-140 petition keeping your original Priority Date.

All the Best

Doniw

[asknow]

Thanks for the reply.
Don't we need a L.C ? would I-140 alone be enough?
I heard from some people that, eventhough there is this 180 day rule, if you take up a 'similar' job with another company (after being laidoff within 180 days after filing for I-485), you could get your GC approved, since GC is for a future job!

What are your comments?
Any response is greatly appreciated.

Thanks in advance.

[Doniw]

Re:Implications if laid-off after filing for I-485

Hi Asknow,

1)Actually, I read some places that you need a Labor+I-140 and I heard some places that you can do only I-140 but I guess you are right and we need to do Labor+I-140 and then use the old PD.

2)Yes, many cases have got approved ( I read on various forums) even though they were laidoff before 180 days. But remember with the INS a lot depends on your luck - if they ask for employment letter from sponsoring employer, you would have a problem.
But in your case you should just let the process continue and go to the new job and file a new Labor+I-140. By the time this gets cleared you may get your old I-485 approval without any RFE's.
All the Best.

Doniw.