Laid off

[kannan]

I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

[DSLStart]

First, get a new attorney and have him file G-28 for your 485, that way you'll control your 485, and also start the job hunt.

Originally Posted by kannan

I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

[saketkapur]

dude I am in a similar position.....got laid off on march 27th.....got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

Is your case in TSC?
Are you US educated?
Did you file G28 recently?

Just trying to find a pattern here.........

regards
Saket

[axp817]

Given how soon (after the layoff) the soft LUDs appeared, it is highly unlikely that they had anything to do with the layoff, unless your employer revoked the 140 a few days/weeks in advance given the impending layoff.

I haven't heard of companies doing that but you never know.

Like someone else suggested, getting a new attorney to submit G-28N is probably a good idea.

If I were you, I would do the following.

1. Call the old employer's attorney and check if the 140 was revoked, or if it is going to be revoked.
2. If the answer to the above is no, check with the attorney if they are willing to forward any future USCIS correspondence to you.
3. If the answer to #2 is 'No', get a new attorney to do a G-28N as soon as possible, and then look for a new job that qualifies for AC-21 benefits.
4. If the answer to #2 is 'Yes', then you don't need to do a G-28N right away, and could do it after you start the new job. This is just in case if the new company's attorneys require you to do a G-28N through them.

Good luck. Keep us posted.

[axp817]

Originally Posted by saketkapur

got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

regards
Saket

Saket,
It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.

And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.

If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.

Good luck.

[kannan]

I am in Nebrasca, I am not us educated and I did not file G -28.I did not apply EAD/AP.

[inskrish]

Originally Posted by kannan

I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.

Hello,

I am 99.99 % confident that the soft LUD has nothing to do with your job loss. Had USCIS been that efficient to update our cases with in a couple of days of change request, we wouldn't have this messy immigration system. Lately, USCIS has been working aggresively to reduce the backlog of pending 485 applications applied during the July.2007 fiasco, by processing those applications. The "processing" means validating the application and the documentary evidences. If everything is fine with the application and the applicant's PD is also current, USCIS approves the I-485. If the PD is not current, USCIS preadjudicates the application and the application is kept pending until the PD becomes current. This triggers a soft update in LUD in I-485; besides, there are also several other scenarios that might trigger soft LUD in I-485.

Regards,
InsKrish

[saketkapur]

Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit......

Another day in paradise.......