Laid off prior to I-485 approval
Dec 10th 2003, 9:52 pm
#1
Guest
Posts: n/a
Laid off prior to I-485 approval
Hi gurus,
Sorry if this question has been asked before !
A friend of mine has an approved I-140 and work authorization. She is
awaiting her I-485 approval and she has already gone for finger-printing
in May this year. Her case is with California Service Center.
Now, she might be facing the prospect of a layoff. If she gets laid off
before hte I-485 is approved, what are the options available to her ?
What is the amount of time which she is allowed to stay in the US to
look for another position ? Must it be an employer that will continue
sponsoring her I-485 ?
Thanks in advance for the reply !
Sorry if this question has been asked before !
A friend of mine has an approved I-140 and work authorization. She is
awaiting her I-485 approval and she has already gone for finger-printing
in May this year. Her case is with California Service Center.
Now, she might be facing the prospect of a layoff. If she gets laid off
before hte I-485 is approved, what are the options available to her ?
What is the amount of time which she is allowed to stay in the US to
look for another position ? Must it be an employer that will continue
sponsoring her I-485 ?
Thanks in advance for the reply !
Dec 11th 2003, 9:00 am
#2
Guest
Posts: n/a
Re: Laid off prior to I-485 approval
"Steven Tan" <[email protected]> wrote in message
news:Z%XBb.499590$HS4.3865631@attbi_s01...
> Hi gurus,
> Sorry if this question has been asked before !
> A friend of mine has an approved I-140 and work authorization. She is
> awaiting her I-485 approval and she has already gone for finger-printing
> in May this year. Her case is with California Service Center.
> Now, she might be facing the prospect of a layoff. If she gets laid off
> before hte I-485 is approved, what are the options available to her ?
> What is the amount of time which she is allowed to stay in the US to
> look for another position ? Must it be an employer that will continue
> sponsoring her I-485 ?
Since her I-140 has been approved and her I-485 apparently has been pending
for more than 180 days she'll be OK, even if she doesn't find another
employer. She would have to be able to prove she won't become a public
charge in that case at the time the I-485 is adjudicated though, for example
through her husband's income, assets etc.
news:Z%XBb.499590$HS4.3865631@attbi_s01...
> Hi gurus,
> Sorry if this question has been asked before !
> A friend of mine has an approved I-140 and work authorization. She is
> awaiting her I-485 approval and she has already gone for finger-printing
> in May this year. Her case is with California Service Center.
> Now, she might be facing the prospect of a layoff. If she gets laid off
> before hte I-485 is approved, what are the options available to her ?
> What is the amount of time which she is allowed to stay in the US to
> look for another position ? Must it be an employer that will continue
> sponsoring her I-485 ?
Since her I-140 has been approved and her I-485 apparently has been pending
for more than 180 days she'll be OK, even if she doesn't find another
employer. She would have to be able to prove she won't become a public
charge in that case at the time the I-485 is adjudicated though, for example
through her husband's income, assets etc.
Dec 12th 2003, 4:52 am
#3
Guest
Posts: n/a
Re: Laid off prior to I-485 approval
A person who is applying for permanent residency based upon a labor
certification and approved I-140 is ineligible to adjust status if she
is laid off prior to her I-485 being approved, unless her employer is
prepared to re-employ her when she becomes a permanent resident. Even
if the I-485 is approved, it could be revoked if CIS learns she was
laid off prior to the approval date.
Assuming that more than 180 days have past since her I-485 was filed,
the best solution for a person in this situation is to find another
employer to offer her a job in the same or a similar occupation, and
have it send a letter to CIS confirming the offer. According to CIS
the employer should offer at least the same wage as is offered in the
labor certification, but the plain language of the law doesn't contain
such a requirement.
If she can't obtain such an offer then she needs to look for another
nonimmigrant classification to change to, since if her I-485 is denied
and she is not in a legal nonimmigrant classification, she will be
placed in removal proceedings.
In any event, CIS policy is normally not require a person in this
situation to leave until there is a decision on their I-485, although
there have been exceptions to this policy.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
"Steven Tan" <[email protected]> wrote in message news:<Z%XBb.499590$HS4.3865631@attbi_s01>...
> Hi gurus,
>
> Sorry if this question has been asked before !
> A friend of mine has an approved I-140 and work authorization. She is
> awaiting her I-485 approval and she has already gone for finger-printing
> in May this year. Her case is with California Service Center.
>
> Now, she might be facing the prospect of a layoff. If she gets laid off
> before hte I-485 is approved, what are the options available to her ?
> What is the amount of time which she is allowed to stay in the US to
> look for another position ? Must it be an employer that will continue
> sponsoring her I-485 ?
>
> Thanks in advance for the reply !
certification and approved I-140 is ineligible to adjust status if she
is laid off prior to her I-485 being approved, unless her employer is
prepared to re-employ her when she becomes a permanent resident. Even
if the I-485 is approved, it could be revoked if CIS learns she was
laid off prior to the approval date.
Assuming that more than 180 days have past since her I-485 was filed,
the best solution for a person in this situation is to find another
employer to offer her a job in the same or a similar occupation, and
have it send a letter to CIS confirming the offer. According to CIS
the employer should offer at least the same wage as is offered in the
labor certification, but the plain language of the law doesn't contain
such a requirement.
If she can't obtain such an offer then she needs to look for another
nonimmigrant classification to change to, since if her I-485 is denied
and she is not in a legal nonimmigrant classification, she will be
placed in removal proceedings.
In any event, CIS policy is normally not require a person in this
situation to leave until there is a decision on their I-485, although
there have been exceptions to this policy.
Michael E. Piston
Attorney at Law
Michael E. Piston P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Direct fax: 206/770-6350
The statements above have not been confirmed by legal research, and
are not intended as legal advice nor to create an attorney-client
relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
[email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
"Steven Tan" <[email protected]> wrote in message news:<Z%XBb.499590$HS4.3865631@attbi_s01>...
> Hi gurus,
>
> Sorry if this question has been asked before !
> A friend of mine has an approved I-140 and work authorization. She is
> awaiting her I-485 approval and she has already gone for finger-printing
> in May this year. Her case is with California Service Center.
>
> Now, she might be facing the prospect of a layoff. If she gets laid off
> before hte I-485 is approved, what are the options available to her ?
> What is the amount of time which she is allowed to stay in the US to
> look for another position ? Must it be an employer that will continue
> sponsoring her I-485 ?
>
> Thanks in advance for the reply !
Dec 12th 2003, 7:43 pm
#4
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: Laid off prior to I-485 approval
A person who is applying for permanent residency based upon a labor
certification and approved I-140 is ineligible to adjust status if she
is laid off prior to her I-485 being approved, unless her employer is
prepared to re-employ her when she becomes a permanent resident. Even
if the I-485 is approved, it could be revoked if CIS learns she was
laid off prior to the approval date.
---------- If her I-140 is approved and I-485 pending more than 180 days she can use AC21, she can join other employer with EAD or H1 transfer. They employer cannot revoke the I-140 if I-485 pending more than 180 days and she can find permanent future job offer from other employer. Read the INS H.Q August 4 Memo for AC21 and 180 days.
Assuming that more than 180 days have past since her I-485 was filed,
the best solution for a person in this situation is to find another
employer to offer her a job in the same or a similar occupation, and
have it send a letter to CIS confirming the offer. According to CIS
the employer should offer at least the same wage as is offered in the
labor certification, but the plain language of the law doesn't contain
such a requirement.
------------- AC21 final regulations are not published and the INS H.Q AC21 Memo does Not say anything regarding salary or job location
If she can't obtain such an offer then she needs to look for another
nonimmigrant classification to change to, since if her I-485 is denied
and she is not in a legal nonimmigrant classification, she will be
placed in removal proceedings.
In any event, CIS policy is normally not require a person in this
situation to leave until there is a decision on their I-485, although
there have been exceptions to this policy.
-------------- She can join any other employer in same and similar job and send letter of intent change to USCIS and invoke AC 21. Her status is AOS pending as her I-485 is pending she can remain legally in US. if due to any reason her I-485 is denied she have to depart US. If she is still on H1 then better she should do H1 to H1 transfer so that if I-485 denied she will have status to work and stay in US. if she uses EAD then she needs AP to renter US . just find good employer and use AC21, past employer cannot revoke I-485 it does not belong to employer it belongs to applicant, no need of any lawyer to file renewal of EAD or AP, that is easy she can do it herself
for more discussion of AC21 visit www.immigrationportal.com and search the thread related to AC21
you will also find the samle letter for AC21
AND read the USCIS AC21 MEMO that was issed on august 4:
http://uscis.gov/graphics/lawsregs/h..._AC21_8403.pdf
also read:
http://www.visalaw.com/03sep1/newsletter.pdf
certification and approved I-140 is ineligible to adjust status if she
is laid off prior to her I-485 being approved, unless her employer is
prepared to re-employ her when she becomes a permanent resident. Even
if the I-485 is approved, it could be revoked if CIS learns she was
laid off prior to the approval date.
---------- If her I-140 is approved and I-485 pending more than 180 days she can use AC21, she can join other employer with EAD or H1 transfer. They employer cannot revoke the I-140 if I-485 pending more than 180 days and she can find permanent future job offer from other employer. Read the INS H.Q August 4 Memo for AC21 and 180 days.
Assuming that more than 180 days have past since her I-485 was filed,
the best solution for a person in this situation is to find another
employer to offer her a job in the same or a similar occupation, and
have it send a letter to CIS confirming the offer. According to CIS
the employer should offer at least the same wage as is offered in the
labor certification, but the plain language of the law doesn't contain
such a requirement.
------------- AC21 final regulations are not published and the INS H.Q AC21 Memo does Not say anything regarding salary or job location
If she can't obtain such an offer then she needs to look for another
nonimmigrant classification to change to, since if her I-485 is denied
and she is not in a legal nonimmigrant classification, she will be
placed in removal proceedings.
In any event, CIS policy is normally not require a person in this
situation to leave until there is a decision on their I-485, although
there have been exceptions to this policy.
-------------- She can join any other employer in same and similar job and send letter of intent change to USCIS and invoke AC 21. Her status is AOS pending as her I-485 is pending she can remain legally in US. if due to any reason her I-485 is denied she have to depart US. If she is still on H1 then better she should do H1 to H1 transfer so that if I-485 denied she will have status to work and stay in US. if she uses EAD then she needs AP to renter US . just find good employer and use AC21, past employer cannot revoke I-485 it does not belong to employer it belongs to applicant, no need of any lawyer to file renewal of EAD or AP, that is easy she can do it herself
for more discussion of AC21 visit www.immigrationportal.com and search the thread related to AC21
you will also find the samle letter for AC21
AND read the USCIS AC21 MEMO that was issed on august 4:
http://uscis.gov/graphics/lawsregs/h..._AC21_8403.pdf
also read:
http://www.visalaw.com/03sep1/newsletter.pdf
Dec 14th 2003, 6:40 am
#5
Guest
Posts: n/a
Re: Laid off prior to I-485 approval
Where can I find what you said?
I'm on the same boat.
Thanks.
[email protected] (Michael E. Piston) wrote in message news:<[email protected]. com>...
> A person who is applying for permanent residency based upon a labor
> certification and approved I-140 is ineligible to adjust status if she
> is laid off prior to her I-485 being approved, unless her employer is
> prepared to re-employ her when she becomes a permanent resident. Even
> if the I-485 is approved, it could be revoked if CIS learns she was
> laid off prior to the approval date.
>
> Assuming that more than 180 days have past since her I-485 was filed,
> the best solution for a person in this situation is to find another
> employer to offer her a job in the same or a similar occupation, and
> have it send a letter to CIS confirming the offer. According to CIS
> the employer should offer at least the same wage as is offered in the
> labor certification, but the plain language of the law doesn't contain
> such a requirement.
>
> If she can't obtain such an offer then she needs to look for another
> nonimmigrant classification to change to, since if her I-485 is denied
> and she is not in a legal nonimmigrant classification, she will be
> placed in removal proceedings.
>
> In any event, CIS policy is normally not require a person in this
> situation to leave until there is a decision on their I-485, although
> there have been exceptions to this policy.
>
> Michael E. Piston
> Attorney at Law
> Michael E. Piston P.C.
> 4000 Livernois Ste 110
> Troy, MI 48098
> 248/680-0600
> Direct fax: 206/770-6350
>
> The statements above have not been confirmed by legal research, and
> are not intended as legal advice nor to create an attorney-client
> relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
> [email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
>
>
> "Steven Tan" <[email protected]> wrote in message news:<Z%XBb.499590$HS4.3865631@attbi_s01>...
> > Hi gurus,
> >
> > Sorry if this question has been asked before !
> > A friend of mine has an approved I-140 and work authorization. She is
> > awaiting her I-485 approval and she has already gone for finger-printing
> > in May this year. Her case is with California Service Center.
> >
> > Now, she might be facing the prospect of a layoff. If she gets laid off
> > before hte I-485 is approved, what are the options available to her ?
> > What is the amount of time which she is allowed to stay in the US to
> > look for another position ? Must it be an employer that will continue
> > sponsoring her I-485 ?
> >
> > Thanks in advance for the reply !
I'm on the same boat.
Thanks.
[email protected] (Michael E. Piston) wrote in message news:<[email protected]. com>...
> A person who is applying for permanent residency based upon a labor
> certification and approved I-140 is ineligible to adjust status if she
> is laid off prior to her I-485 being approved, unless her employer is
> prepared to re-employ her when she becomes a permanent resident. Even
> if the I-485 is approved, it could be revoked if CIS learns she was
> laid off prior to the approval date.
>
> Assuming that more than 180 days have past since her I-485 was filed,
> the best solution for a person in this situation is to find another
> employer to offer her a job in the same or a similar occupation, and
> have it send a letter to CIS confirming the offer. According to CIS
> the employer should offer at least the same wage as is offered in the
> labor certification, but the plain language of the law doesn't contain
> such a requirement.
>
> If she can't obtain such an offer then she needs to look for another
> nonimmigrant classification to change to, since if her I-485 is denied
> and she is not in a legal nonimmigrant classification, she will be
> placed in removal proceedings.
>
> In any event, CIS policy is normally not require a person in this
> situation to leave until there is a decision on their I-485, although
> there have been exceptions to this policy.
>
> Michael E. Piston
> Attorney at Law
> Michael E. Piston P.C.
> 4000 Livernois Ste 110
> Troy, MI 48098
> 248/680-0600
> Direct fax: 206/770-6350
>
> The statements above have not been confirmed by legal research, and
> are not intended as legal advice nor to create an attorney-client
> relationship.SEND ANY FOLLOW-UP QUESTIONS DIRECTLY TO
> [email protected]. DO NOT POST FOLLOW-UPS TO THE NEWSGROUP.
>
>
> "Steven Tan" <[email protected]> wrote in message news:<Z%XBb.499590$HS4.3865631@attbi_s01>...
> > Hi gurus,
> >
> > Sorry if this question has been asked before !
> > A friend of mine has an approved I-140 and work authorization. She is
> > awaiting her I-485 approval and she has already gone for finger-printing
> > in May this year. Her case is with California Service Center.
> >
> > Now, she might be facing the prospect of a layoff. If she gets laid off
> > before hte I-485 is approved, what are the options available to her ?
> > What is the amount of time which she is allowed to stay in the US to
> > look for another position ? Must it be an employer that will continue
> > sponsoring her I-485 ?
> >
> > Thanks in advance for the reply !
Dec 16th 2003, 6:37 am
#6
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: Laid off prior to I-485 approval
Where can I find what you said?
I'm on the same boat.
Thanks.
------------- find the AC21 august 4 Memo, print it and read it
http://www.usavisanow.com/8-13-03-140-485.pdf
I'm on the same boat.
Thanks.
------------- find the AC21 august 4 Memo, print it and read it
http://www.usavisanow.com/8-13-03-140-485.pdf
Dec 16th 2003, 10:01 am
#7
Guest
Posts: n/a
Re: Laid off prior to I-485 approval
Manish <member269@british_expats.com> wrote in message
>
> ---------- If her I-140 is approved and I-485 pending more than 180 days
> she can use AC21, she can join other employer with EAD or H1 transfer.
> They employer cannot revoke the I-140 if I-485 pending more than 180
> days and she can find permanent future job offer from other employer.
> Read the INS H.Q August 4 Memo for AC21 and 180 days.
>
That is true, but does the person need to find the Job before or after
beind laid off. I believe the intent of the law was before (i.e. you
can switch) but many people have posted that it van also be after you
are let go.
The job HAS to be in the same classification and with similar salary,
even if memo does not mention it, because it is based on the SAME
approved labor certification petition - BCIS will likely ask before
adjudication for proof of employment and salary and if the discrepancy
is large they can in theory deny the petition.
In my experience the big immigration law firms are being very careful
here especially given that some certifications forecatsed salaries
based on the boom years and also that many companies adjusted salaries
down. As evidence of this there are many discussions of this on this
newsgroup as well as on rupnet
Do other people agree with this fact?
>
> ---------- If her I-140 is approved and I-485 pending more than 180 days
> she can use AC21, she can join other employer with EAD or H1 transfer.
> They employer cannot revoke the I-140 if I-485 pending more than 180
> days and she can find permanent future job offer from other employer.
> Read the INS H.Q August 4 Memo for AC21 and 180 days.
>
That is true, but does the person need to find the Job before or after
beind laid off. I believe the intent of the law was before (i.e. you
can switch) but many people have posted that it van also be after you
are let go.
The job HAS to be in the same classification and with similar salary,
even if memo does not mention it, because it is based on the SAME
approved labor certification petition - BCIS will likely ask before
adjudication for proof of employment and salary and if the discrepancy
is large they can in theory deny the petition.
In my experience the big immigration law firms are being very careful
here especially given that some certifications forecatsed salaries
based on the boom years and also that many companies adjusted salaries
down. As evidence of this there are many discussions of this on this
newsgroup as well as on rupnet
Do other people agree with this fact?
Dec 16th 2003, 6:02 pm
#8
BE Enthusiast
Joined: Jun 2001
Posts: 571
Re: Laid off prior to I-485 approval
That is true, but does the person need to find the Job before or after
beind laid off.
------------------ If I-140 approved AND I-485 pending more than 180 days you can change the employer any time before layoff or after lay off. Your I-485 is pending and you have AOS status you are protected by the pending I-485. Always keep Valid EAD and AP or send renewal of EAD, AP 5-6 months advance so that you have valid EAD to join any new employer, you can also join by H1 transfer
I believe the intent of the law was before (i.e. you
can switch) but many people have posted that it van also be after you
are let go.
The job HAS to be in the same classification and with similar salary,
even if memo does not mention it, because it is based on the SAME
approved labor certification petition - BCIS will likely ask before
adjudication for proof of employment and salary and if the discrepancy
is large they can in theory deny the petition.
------- Salary is not issue according to BCIS august AC21 Memo, lawyer Sheela Murthy posted many days back that salary is not issue AND BCIS can NOT deny the I-485 if the find discrepancy in SAME/SIMILAR job the BCIS officer has to consult INS H.Q before denying the I-485 if job is not same or similar. The best option is to send new employer letter and intent change with same job title and same skills as on your approved LC.
For more discussion on AC21 visit the thread:
I-485 Portability (AC21)
http://www.immigrationportal.com/for...30&forumid=121
In my experience the big immigration law firms are being very careful
here especially given that some certifications forecatsed salaries
based on the boom years and also that many companies adjusted salaries
down. As evidence of this there are many discussions of this on this
newsgroup as well as on rupnet
Do other people agree with this fact?
beind laid off.
------------------ If I-140 approved AND I-485 pending more than 180 days you can change the employer any time before layoff or after lay off. Your I-485 is pending and you have AOS status you are protected by the pending I-485. Always keep Valid EAD and AP or send renewal of EAD, AP 5-6 months advance so that you have valid EAD to join any new employer, you can also join by H1 transfer
I believe the intent of the law was before (i.e. you
can switch) but many people have posted that it van also be after you
are let go.
The job HAS to be in the same classification and with similar salary,
even if memo does not mention it, because it is based on the SAME
approved labor certification petition - BCIS will likely ask before
adjudication for proof of employment and salary and if the discrepancy
is large they can in theory deny the petition.
------- Salary is not issue according to BCIS august AC21 Memo, lawyer Sheela Murthy posted many days back that salary is not issue AND BCIS can NOT deny the I-485 if the find discrepancy in SAME/SIMILAR job the BCIS officer has to consult INS H.Q before denying the I-485 if job is not same or similar. The best option is to send new employer letter and intent change with same job title and same skills as on your approved LC.
For more discussion on AC21 visit the thread:
I-485 Portability (AC21)
http://www.immigrationportal.com/for...30&forumid=121
In my experience the big immigration law firms are being very careful
here especially given that some certifications forecatsed salaries
based on the boom years and also that many companies adjusted salaries
down. As evidence of this there are many discussions of this on this
newsgroup as well as on rupnet
Do other people agree with this fact?
