Urgent: Layoff after EB1(B)-I485 filing

[checkmet64]

Hi Folks,

I need help urgently.

I am getting ready to file my EB1B application next month. The problem is that there is a good chance of layoffs happening at my company. I am trying to rush the application so that I get it in before the layoffs.

My questions are-

1. If I loose my job after EB1B- concurrent 1485 filing, what happens to my petition?

2. How soon can I change the job if I do not loose my job assuming that the I485 is pending / approved?

3. The lawyer says that, I have to work for my current employer for 180 days after the conurrent I140-485 filing to invoke AC21, is that correct.

4. Finally, based on answers to questions 1-3 above is there really a need to rush to file the EB1B petition or file it after layoffs, if I dont get laid off. I am not sure whether I will be able to find new job in a reasonable amount of time to keep my current H1B.

Thanks in advance

[madhu345]

I'm not a lawyer, based on the information you provided your lawyer is correct you need to be on the current job(employer) for at-least six months before AC21 can be filed. So i believe there is no need for you to rush.

[Hopeful1]

There are several benefits of filing your I 485 as quickly as possible -

1. 180 days clock starts ticking for AC21
2. In case you lose your job after filing 485, you can stay in the country and continue your job search.
3. Green card petition is for future employment so USCIS may approve your green card application even after you lose your current employment and your employer doesnt cancel your I140.

There are several other scenarios but you will be better off in each scenario with I 485 filed instead of not filed.

Originally Posted by checkmet64

Hi Folks,

I need help urgently.

I am getting ready to file my EB1B application next month. The problem is that there is a good chance of layoffs happening at my company. I am trying to rush the application so that I get it in before the layoffs.

My questions are-

1. If I loose my job after EB1B- concurrent 1485 filing, what happens to my petition?

2. How soon can I change the job if I do not loose my job assuming that the I485 is pending / approved?

3. The lawyer says that, I have to work for my current employer for 180 days after the conurrent I140-485 filing to invoke AC21, is that correct.

4. Finally, based on answers to questions 1-3 above is there really a need to rush to file the EB1B petition or file it after layoffs, if I dont get laid off. I am not sure whether I will be able to find new job in a reasonable amount of time to keep my current H1B.

Thanks in advance

[pappu]

Originally Posted by Hopeful1

There .

hopeful1 your answer point 2 is incorrect. Filing 485 does not mean a person can stay indefinitely in the country without job after layoff. 3 is speculative and on the illegal side. There have been some people seen on forums who left the employer or never worked for the employer and got in deep troublem when they got RFE. The ones who got sub labor had some of these issues. There maybe RFE or review of information at any stage during the adjudication process. So the attorney is right. It all depends on if the news of layoff is true and if he would be among the ones laid off. This is also speculative and only OP can find the answer.

[hpandey]

Originally Posted by pappu

hopeful1 your answer point 2 is incorrect. Filing 485 does not mean a person can stay indefinitely in the country without job after layoff. 3 is speculative and on the illegal side. There have been some people seen on forums who left the employer or never worked for the employer and got in deep troublem when they got RFE. The ones who got sub labor had some of these issues. There maybe RFE or review of information at any stage during the adjudication process. So the attorney is right. It all depends on if the news of layoff is true and if he would be among the ones laid off. This is also speculative and only OP can find the answer.

Can you elaborate on your this point

Filing 485 does not mean a person can stay indefinitely in the country without job after layoff

Sometimes you get laid off from your job and finding another job is bound to take some time . So does that mean that a person who has filed his I-485 and is over the 180 day limit and if they lose their job they are not allowed to stay and look for another job ..

[checkmet64]

Originally Posted by pappu

hopeful1 your answer point 2 is incorrect. Filing 485 does not mean a person can stay indefinitely in the country without job after layoff. 3 is speculative and on the illegal side. There have been some people seen on forums who left the employer or never worked for the employer and got in deep troublem when they got RFE. The ones who got sub labor had some of these issues. There maybe RFE or review of information at any stage during the adjudication process. So the attorney is right. It all depends on if the news of layoff is true and if he would be among the ones laid off. This is also speculative and only OP can find the answer.

Based in Pappu's response, can I conclude that waiting for filing the EB1B petition is the best solution at this moment?

[GCHope2011]

Originally Posted by checkmet64

Based in Pappu's response, can I conclude that waiting for filing the EB1B petition is the best solution at this moment?

No - filing asap is always the best option. You have nothing to lose by filing.

[checkmet64]

Originally Posted by GCHope2011

No - filing asap is always the best option. You have nothing to lose by filing.

I understand that. I should also mention that, I am paying out of pocket for the petition filing, so I will have to incur the fees again when I file next time.

Not sure whether there are any obvious advantages of filing right now, which I am not aware of. At this stage I dont really mind the cost, if I can gain by filing before layoffs. Its possible that I am laid off the next day after the USCIS receives the petition; so would want to wait a few days extra before filing, if there is nothing really to gain.

[pappu]

Originally Posted by GCHope2011

No - filing asap is always the best option. You have nothing to lose by filing.

There is cost involved. Even if employer is paying, for his case Is more complicated getting evidence. It gets more difficult trying to get multiple times for refiling. But at the end of the day each person and situation is different and decision should be based on that.

[checkmet64]

Originally Posted by pappu

There is cost involved. Even if employer is paying, for his case Is more complicated getting evidence. It gets more difficult trying to get multiple times for refiling. But at the end of the day each person and situation is different and decision should be based on that.

Okay, I think I know what I am going to do. Just want to mention it here for the sake of completeness and as reference for future users.

Based on my reading and feedback here, I will just wait, be ready with everything. If layoff happens then file it with next employer if not I am good to go with current employer.

Thanks guys for all your feedback.

[pappu]

Originally Posted by checkmet64

Okay, I think I know what I am going to do. Just want to mention it here for the sake of completeness and as reference for future users.

Based on my reading and feedback here, I will just wait, be ready with everything. If layoff happens then file it with next employer if not I am good to go with current employer.

Thanks guys for all your feedback.

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