HELP! in final stage of greencard and losing job
Jan 14th 2008, 8:47 pm
#1
Just Joined
Thread Starter
Joined: Jan 2008
Posts: 1
HELP! in final stage of greencard and losing job
I have just found out I'm losing my job in 2 weeks. I am in the final stage of greencard (have advance parole and work authorization card) and an H1 valid until the end of 2009. Due to the severe delays in the greencard processing, it could be another year before my greencard comes through. I understand there is portability of my greencard app if I find a new job. But what if I don't? What if I'm unemployed for a while? will my greencard app and/or H1 no longer be valid? Would I have to leave the country in a certain length of time? My boyfriend is a US citizen. Am I better off just getting married and if I do, do I have to leave the country and come back in or can I just remain here. Can I still get some work (e.g., part time or freelance work) on my current work authorization card or do I have to wait for a new one based on marriage. Sorry for the barage of questions but pretty shocked and confused right now! Any help greatly appreciated
Jan 14th 2008, 8:52 pm
#2
Lost in BE Cyberspace
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Re: HELP! in final stage of greencard and losing job
I have just found out I'm losing my job in 2 weeks. I am in the final stage of greencard (have advance parole and work authorization card) and an H1 valid until the end of 2009. Due to the severe delays in the greencard processing, it could be another year before my greencard comes through. I understand there is portability of my greencard app if I find a new job. But what if I don't? What if I'm unemployed for a while? will my greencard app and/or H1 no longer be valid? Would I have to leave the country in a certain length of time? My boyfriend is a US citizen. Am I better off just getting married and if I do, do I have to leave the country and come back in or can I just remain here. Can I still get some work (e.g., part time or freelance work) on my current work authorization card or do I have to wait for a new one based on marriage. Sorry for the barage of questions but pretty shocked and confused right now! Any help greatly appreciated
Jan 14th 2008, 8:53 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: HELP! in final stage of greencard and losing job
Yes!
You can remain here and file your adjustment of status paperwork based on your marriage to a USC.
Not sure on the answers to your other questions, I'll leave that to the others.
Best Wishes,
Rene
... and if I do, do I have to leave the country and come back in or can I just remain here.
Not sure on the answers to your other questions, I'll leave that to the others.
Best Wishes,
Rene
Jan 15th 2008, 4:01 pm
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: HELP! in final stage of greencard and losing job
I have just found out I'm losing my job in 2 weeks. I am in the final stage of greencard (have advance parole and work authorization card) and an H1 valid until the end of 2009. Due to the severe delays in the greencard processing, it could be another year before my greencard comes through. I understand there is portability of my greencard app if I find a new job. But what if I don't? What if I'm unemployed for a while? will my greencard app and/or H1 no longer be valid? Would I have to leave the country in a certain length of time? My boyfriend is a US citizen. Am I better off just getting married and if I do, do I have to leave the country and come back in or can I just remain here. Can I still get some work (e.g., part time or freelance work) on my current work authorization card or do I have to wait for a new one based on marriage. Sorry for the barage of questions but pretty shocked and confused right now! Any help greatly appreciated
You have options. You sound like you are actually in pretty good immigration shape.
I share a suite with another immigration firm who are good and they do free consultations. [email protected]
[Note, I really don't do much employment based immigration anymore. They do].
Jan 15th 2008, 4:21 pm
#5
Peace onion
Joined: Jul 2006
Location: Denver
Posts: 5,686
Re: HELP! in final stage of greencard and losing job
Don't worry. Same thing happened to me. If your 485 has been pending for over six months, you can use AC21 and switch jobs. I think you have 30 days to find a job. I ended up traveling to Texas, from Colorado, for mine.
Good luck.
Oh yeah, to use AC21, you just have to make sure the job description of your new job is more or less the same as your old position.
Good luck.
Oh yeah, to use AC21, you just have to make sure the job description of your new job is more or less the same as your old position.
Jan 16th 2008, 3:51 pm
#6
Forum Regular
Joined: Jan 2007
Location: Santa Clara, CA
Posts: 118
Re: HELP! in final stage of greencard and losing job
Yep 30 days from date of termination, well they say 45 but after 30 days tyou have no clue as to if they will accept transfer or not.
Just get a new job then do a H1B transfer and let the lawyers figure out the rest.
I just did this 2 weeks ago
Just get a new job then do a H1B transfer and let the lawyers figure out the rest.
I just did this 2 weeks ago
Jan 16th 2008, 6:18 pm
#7
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: HELP! in final stage of greencard and losing job
Don't worry. Same thing happened to me. If your 485 has been pending for over six months, you can use AC21 and switch jobs. I think you have 30 days to find a job. I ended up traveling to Texas, from Colorado, for mine.
Good luck.
Oh yeah, to use AC21, you just have to make sure the job description of your new job is more or less the same as your old position.
Good luck.
Oh yeah, to use AC21, you just have to make sure the job description of your new job is more or less the same as your old position.
Where did you get that 30-day thingie? Notionally speaking, an AOS is the equivalent of an Immigrant Visa application -- you don't NEED to take up the certified employment until the adjustment is complete!
Jan 16th 2008, 8:57 pm
#8
Forum Regular
Joined: Jan 2007
Location: Santa Clara, CA
Posts: 118
Re: HELP! in final stage of greencard and losing job
I got told if you get laid off, and therefore are relying on your H1B still, you got 30 days to find employment to transfer your H1B.
Jan 17th 2008, 3:19 pm
#9
Forum Regular
Joined: Dec 2003
Location: Austin, TX
Posts: 202
Re: HELP! in final stage of greencard and losing job
I'm trying to remember what the details of my situation were, or if it's even applicable to yours.
I came to the US on an H1B visa, then applied for AOS based on my marriage to a US citizen. Shortly after applying, I lost my job - turned up one morning and found the doors locked because the company had run out of money. Scary. However, I think the reasoning was, because the AOS was pending, I wasn't subject to the transfer-the-H1B-or-get-out deadline that some of my colleagues were. I wasn't able to work until my EAD turned up, which came after a couple of weeks, but I didn't start working again for another month. GC was approved about 4 months later.
My understanding is that if you have the EAD, and your GC is pending, you can go work without having to worry about transferring the H1B. Now, this is based on AOS through marriage, which could be completely different to your situation.
Good luck!
I came to the US on an H1B visa, then applied for AOS based on my marriage to a US citizen. Shortly after applying, I lost my job - turned up one morning and found the doors locked because the company had run out of money. Scary. However, I think the reasoning was, because the AOS was pending, I wasn't subject to the transfer-the-H1B-or-get-out deadline that some of my colleagues were. I wasn't able to work until my EAD turned up, which came after a couple of weeks, but I didn't start working again for another month. GC was approved about 4 months later.
My understanding is that if you have the EAD, and your GC is pending, you can go work without having to worry about transferring the H1B. Now, this is based on AOS through marriage, which could be completely different to your situation.
Good luck!
Jan 17th 2008, 3:58 pm
#10
Forum Regular
Joined: Jan 2007
Location: Santa Clara, CA
Posts: 118
Re: HELP! in final stage of greencard and losing job
I'm trying to remember what the details of my situation were, or if it's even applicable to yours.
I came to the US on an H1B visa, then applied for AOS based on my marriage to a US citizen. Shortly after applying, I lost my job - turned up one morning and found the doors locked because the company had run out of money. Scary. However, I think the reasoning was, because the AOS was pending, I wasn't subject to the transfer-the-H1B-or-get-out deadline that some of my colleagues were. I wasn't able to work until my EAD turned up, which came after a couple of weeks, but I didn't start working again for another month. GC was approved about 4 months later.
My understanding is that if you have the EAD, and your GC is pending, you can go work without having to worry about transferring the H1B. Now, this is based on AOS through marriage, which could be completely different to your situation.
Good luck!
I came to the US on an H1B visa, then applied for AOS based on my marriage to a US citizen. Shortly after applying, I lost my job - turned up one morning and found the doors locked because the company had run out of money. Scary. However, I think the reasoning was, because the AOS was pending, I wasn't subject to the transfer-the-H1B-or-get-out deadline that some of my colleagues were. I wasn't able to work until my EAD turned up, which came after a couple of weeks, but I didn't start working again for another month. GC was approved about 4 months later.
My understanding is that if you have the EAD, and your GC is pending, you can go work without having to worry about transferring the H1B. Now, this is based on AOS through marriage, which could be completely different to your situation.
Good luck!
Jan 17th 2008, 4:19 pm
#11
Peace onion
Joined: Jul 2006
Location: Denver
Posts: 5,686
Re: HELP! in final stage of greencard and losing job
When I was laid off back in 2002, my gf and I went to the Immigration office. They told us that we could either get married, or I would have 30 days to find another job, else I would have to leave the country.
Maybe it's not correct and I'm just perpetuating bad information, but a lot of people under the impression that it's true.
Cheers.
