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AC21 Portability after 180 days of 485 filing AC21 Portability after 180 days of 485 filing. Changing employers without affecting green card process.

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  #1 (permalink)  
Old 03-17-2009, 11:17 PM
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Default Using EAD and got laid off

Here is my situation, someone please suggest me:
I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.

My question:

When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?

Thanks In Advance
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Last edited by javadeveloper; 03-17-2009 at 11:22 PM.
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  #2 (permalink)  
Old 03-17-2009, 11:48 PM
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Post my 2 cents

I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.

When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
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  #3 (permalink)  
Old 03-17-2009, 11:56 PM
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Originally Posted by jthomas View Post
I just read in Murthy.com that if a H1B is terminated and the same company wants him back they have to pay the entire salary for the period he was out of job. (google H1B employers obligations) So i think that won't be your case. You should be on EAD.

When you are on EAD they need not inform USCIS. There is no need for you to join your old company back.
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.
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  #4 (permalink)  
Old 03-18-2009, 12:49 AM
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Post my 2 cents

Quote:
Originally Posted by javadeveloper View Post
Correct.But it's surprising that my company wants to inform USCIS about my lay off even though I am using EAD to work with them.

Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.

Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.

My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
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  #5 (permalink)  
Old 03-18-2009, 01:03 AM
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Default

Quote:
Originally Posted by jthomas View Post
Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.

Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.

My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.

This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
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  #6 (permalink)  
Old 03-18-2009, 01:11 AM
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Default may be not

Hi poorslumdogs,

If you refer to some thread, please do not ask others to search for it. Instead paste its link in your post so others can read it.

I heard from my friends there are no legal implications if you get laid off on EAD and you also have a valid parolee document.

This should get verified from an attorney though, specially if others create a doubt.




[quote=.....That thread was created in the last 2-3 months time. So search for it.

There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.[/QUOTE]
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  #7 (permalink)  
Old 03-18-2009, 03:07 AM
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Default I just stumbled upon this information

Quote:
Originally Posted by jthomas View Post
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. ...
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
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  #8 (permalink)  
Old 03-18-2009, 03:39 AM
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Default

First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.

The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.

At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
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Last edited by ramaonline; 03-18-2009 at 03:42 AM.
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  #9 (permalink)  
Old 03-18-2009, 09:21 AM
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Default

Quote:
Originally Posted by ramaonline View Post
First of all EAD is not a status - Its just a work authorization. GC is for a future job.
With EAD, you can work with your current gc employer, or do nothing, or do any other job.

The only important thing is that you must either be working in a same/similar job for any employer (using AC21) or have a valid job offer in the same/similar job classification as on the labor certification at the time of 485 adjucation. It is easy to get rfe if you are no longer working for the sponsoring employer.

At that time, you should not be actively searching for a job - You should have a job offer which shows the employer's intent to hire you on a future date.
This is correct.......once the employer revokes H1B, that is a red flag for the immigration officer. Officer may or may not ask for evidence. Be prepared to show a same or similar job offer.
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  #10 (permalink)  
Old 03-18-2009, 09:25 AM
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Default

Quote:
Originally Posted by Beemar View Post
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
My company paid me oneway air tkt back to india. I own a house. Can I ask them to buy my home ????
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  #11 (permalink)  
Old 03-18-2009, 09:27 AM
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Default

Did you join them on H1B and then move to EAD? Did you change your I-9 form when you did that? If you didn't, as far as they are concerned, you might still be on H1B and so they might feel a need to inform the USCIS. If not, well, there really is nothing in the rule book that says they have to inform the USCIS that an EAD holder left employment.
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  #12 (permalink)  
Old 03-18-2009, 09:28 AM
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Default

Quote:
Originally Posted by poorslumdog View Post
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
This is all nonsense !
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  #13 (permalink)  
Old 03-18-2009, 10:35 AM
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I don't believe it...did you guys even read the original thread? He is asking about being laid off while on EAD while you went on a tangent about H1B status, buying furniture and rental lease!

Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?

The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.

One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
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  #14 (permalink)  
Old 03-18-2009, 11:21 AM
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Yeah right! and that too ask them to buy it at 2005 price ;-)
Quote:
Originally Posted by rb_248 View Post
My company paid me oneway air tkt back to india. I own a house. Can I ask them to buy my home ????
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  #15 (permalink)  
Old 03-18-2009, 11:48 AM
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sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts sk2009 is infamous around these parts
Default

Quote:
Originally Posted by poorslumdog View Post
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
here is the link he is talking about
http://www..com/discussion-f...5-1/237011787/
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