Lost jobs on H1 with EAD/140 approved and 485 pending since 2007 - my options?

[samsu]

Hi All,

I know this must have discussed several times and I tried to search for information but could not find anything. May be because I lost my job today and I don't know what I am supposed to do.

As title says, I am on 7th year on H1 with same company and they filed my labor in Nov 2006 and 485 during July 2007. I got my 140 approved in 2007 as well. I have EAD and AP but I was still working on H1 until today morning. My company's lawyer is Fragoman and company pays them directly.

First of all, I want to know what documents should I gather from lawyer/company so I can continue my green card process.
- I have copy of 9089 form (not signed). I think this is my labor application that my lawyer sent me to verify application was OK.
- copy of 140 approval notice (I-797 one page)
- 485-receipts for myself and my wife.

Do I need any other documents from my company?

Now, what are my options? I will start searching as soon as tomorrow but I know new job should be in same category.
- should I check category and job duties listed on my 9089 form?
- Is my company legally required to revoke approved 140?
- do I need to send AC21 forms or wait for USCIS to send me a notice assuming my company will revoke i-140?
- assuming my company will revoke my i-140 and I get notice from USCIS and I file AC21 at that time, will USCIS ask for paycheck during the time I was unemployed?
- How much time do I have in between?
- I will be getting two months of severance pay but I am not sure I can consider it as bi-weekly paycheck and show that to USCIS.

Also, in the end. I think this community is my best bet for fining new job. I was working as pre-sales engineer in global large company providing managed networking service and I have some experience with network security. Please let me know if you have some contacts or leads.

I appreciate any help/comments...
Regards

[saketkapur]

First of all, I want to know what documents should I gather from lawyer/company so I can continue my green card process.
All of the above
Try to get in writing from the lawyer whether they will revoke your I-140 or not.
Paystubs
Termination letter.....
- should I check category and job duties listed on my 9089 form? Won't hurt// try to stick as close as possible to original labor- Is my company legally required to revoke approved 140?
- do I need to send AC21 forms or wait for USCIS to send me a notice assuming my company will revoke i-140? Its not mandatory to file AC-21 so its upto you. I would suggest you get your own attorney representation and file G-28....you can discuss your case with the attorney and act accordingly.- assuming my company will revoke my i-140 and I get notice from USCIS and I file AC21 at that time, will USCIS ask for paycheck during the time I was unemployed?
- How much time do I have in between? Technically GC is for future employment and you need to have a job when your case is adjucated. Given the circumstances the faster the better.- I will be getting two months of severance pay but I am not sure I can consider it as bi-weekly paycheck and show that to USCIS. Well something is better than nothing however not sure regarding if its going to be beneficial or not.


Hope the above helped....best of luck

[saketkapur]

Is my company legally required to revoke approved 140? No....after 180 days of 485 filing it does not matter.
Generally reputed firms won't do it in case of downsizing....but vidictive one's are known to do so.
If they don't revoke it then your case is much better. In case they do as long as you are outside the 180 day window of your AOS filing you can file AC21 and start using your EAD in same or similar job occupation.

[samsu]

Hi Saket,

Thanks for your reply. I did get copy of my 140 application and my lawyer is going to support me, which is good news.

It is still not clear to me if I have only one month to find new job or more than that assuming I don't get any inquiry now.

All, please let me know if you are aware of any opening in network related field.

thanks,
Samsu

[vin13]

Samsu,
I have sent you a message.