Termination date and new payroll for GC process to continue

[sbairy]

Hello,

Lost my job and my last date on my previous company's payroll is March 16, 09. My 140 is approved more than an year ago and 485 pending for the same period. I talked to quite a few people (including some lawyers) and most of them said that I need to be on payroll(even if I don't get a new job) of a new company on or before March 16, 09 to make sure there is no issue with my GC process. The issue is no consulting company is willing to hire me and put on their payroll w/out a project first. One lawyer mentioned that if I file AC21 to the new company, I can get on their payroll, but they don't need to run the payroll every month. As you can see, there is no consistency in the info I received. Anyone here has been in this situation and has any suggestions/thoughts ?

Thanks!

[txh1b]

Few things that you need to do.

Read about the AC21 memo.

http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf

You need to find a same/similar job before you get an RFE or an interview for the GC. What is your PD? You are safe to remain as a parolee but ensure that you have a job prior to your ex employer revoking the I140.

If they do and USCIS has no AC21 request from you for a new employer, they will issue a NOID. The possibility of a RFE when PD is not current is low but can happen anytime. It just depends on your stars.

If you are working on EAD, there is no requirement to get paid every day unlike H1b.

[sbairy]

Thanks txh1b!

My priority date is Aug 18, 2004 (EB2). One of the attorneys that I talked to said, since I'm only 6 months away (hopefully) from getting my GC, better option for me is to join a consulting company until I get my GC. But, the consulting companies I'm talking to are not willing to do my H1-B transfer at any cost and not ready to run my payroll until I get a project and I start working on EAD. With the market condition right now, getting a project in the next 2 weeks looks like next to impossible! On the other hand, getting a full time job takes even longer with companies that have open reqs either don't have funds or being told to put on hold.

Either way... time is running out for me and I gotto to decide the next steps within this next coming week.

[sbairy]

Forgot to mention..... I checked with my previous employer's Immigration Manager and she said they are not going to revoke my I-140 (which I don't know if I should believe!), but I should file AC21 as soon as I find a new employer. She also mentioned, the Attorney will send a notice to USCIS about my termination 60 days after my actual termination date (March 16, 09).

Thanks!