Hi Sajha Law Gurus
Please help me with your valuable suggestions.
My I-140 was filed on Dec 20 2006 under EB-2 category by my employer but unexpectedly I got laid-off now. If the I-140 gets approved later, can I use it to file my I-485 even if my employment has terminated?

I think the answer is NO!:(

Here is an alternative approach.You file labor again from another company .however you might not need to file 140 again.And then file 485.Once the employment is terminated your labor is not valid.If your labor is not valid then why would you get employment based GC?

Here is another alternative, Ask your employer to keep continuing your GC process.it is not necessary for GC to be employer of that company.Employement based GC are for future employment.As long as your current company offers you the same job after you receive GC then you are good.But i doubt they would do such thing.

hey i am not legal expert but this is my suggestion.Please send me $100 by check for further consulatation:P hehe...Good luck!

mohanB,
sorry to hear that.

i do not have any good news.
if you have just filed I-140 then you cannot continue unless your present employer is willing to help you. if they are then file for 485 immediately. concurrent filing.


there are 2 ways out though:
1. if this filing is done by your own lawyer NOT COMPANY LAWYER. then you might be able to file 485 without raising a flag.

2. if you have filed both 140 and 485 then you will have to first find a JOB in the same state and then ask the new employer to file a intent of sponsorship. LAWYERs will be able to word it right . THIS IS POSSIBLE and HAS BEEN DONE BEFORE. [ i do not know the case when ONLY 140 is filed. ] make sure you go to DECENT LAWYER for this.

if you need more information email me. i might have some more info for you.

hope this helps.

Thanks Guys
Can I file the I-485 separately using my own lawyer instead if my employer doesn't revoke the I-140 now? and can I re-use my LC if I get a new job very soon? Does the new job has to be in the same state compulsorily?

even if your company does not revoke your I-140 now, you may need some documents from them if there is a RFE later in the process. you can keep your finger crossed and wait.
[Problem: 140 decision is mailed to your lawyer's place .. which is usually the case. if it was filed by COMPANY LAWYER then they usually do not allow you to file 485 because YOU ARE NOT THEIR CLIENT. THIS IS AN ILLEGAL ACT i.e. FRAUD. ]


you cannot use your LC. for ANY OTHER JOB or STATE.

if you have approved 140 you can use it for SIMILAR JOB ANY STATE.
If you have concurrent 140 and 485 you can use it for SIMILAR JOB SAME STATE.

just LC without 140 and 485. useful to your EMPLOYER but NOT TO YOU

MohanB, Sorry to hear about your situation. I hope Mansion will be able to help you with this, he has a lot of information on this issue. all the best

I have also filed to I140 and waiting approval for about a year. I don't know why my lawyer only filed I140. I only know now that one can file I485 at the same time. So my process is going to be longer. I hope someone can give me some good news about my situation. I'm tired of waiting.

I also have heard some issues about working on check which hamper my process during interview so I am happy if someone share experience with me.

Fake_me
what is an RFE? I have contact with the lawyer but the problem is she is the company lawyer. I guess I need to request my employer to allow me to file for the 485 even if I'm laid-off though I guess there is a very less chance of them doing this.
Regarding your note: "if you have approved 140 you can use it for SIMILAR JOB ANY STATE. " I am not quite clear on this. Does the 140 approval mean I'll get the EAD? If I don't then how am I eligible to work for any employer at any state?

mohanB jyu,

you should first transfer H1-B and get another Job.

fake_me
I'm working on CPT (on F-1) not on H-1B.

mohanB,
sorry my bad about your statue.

but for employment based sponsorship. you need to be employed in similar job. so before being able to do anything about 140 and 485 you need to get an employer who is willing to sponsor you.
then find a lawyer who can skew the system to use it in your favor

????
MohanB...you were getting sponsored for GC in F-1???????
hmm...this is an interesting Scenario.

No need to worry so much you have 6 years left man.you will get it by then if not this then other.You haven't even started your H1.

Lets say I have the new employer who is wiling to restart the GC process for me. Is there any advantage in having my current I-140 case approved by then?

yes.
Most likely you don't have to file 140 again and save some money and time.

Hey Mansion
where are you man? I need your help in this case.

Can you change the job after your i 140 is approved and continue with the process(ie file 485 with the new company)?

The ONLY answer is NO. He can use it for someone else. Try to negotiate with your boss. I hope this is not a case of discrimination. If yes, screw him up - violators of DOL rules.

Jai Hindu
what is DOL?

BOL BOL BOL
Rock n' Roll

hehe

D=Department
O=of
L=Labor

I see some light here.

1. You can change similar job only after 180 days of filing I-140. If I-140 is not approved by that date, you can use the AC-21 portability rule and can find employment similar job and keep the priority date. Although your employer may revoke I-140 after that date, you will be required to give evidence of being employed by another employer without jeopardizing your green card application process.

2. In your case, you filed I-140 and are laid off in January. Forget about it now. It's no use anyway.

3. Had you been on H1B, and laid off, you had problem due to layoff. But you are in CPT/OPT, therefore, you are back to your status and can find a new job before your CPT expires.

4. It's good that you didn't file the I-485 concurrently. Otherwise, you would be out-of-status on the day I-140 is denied (without an H1 backup).

5. My advice: Forget about this I-140. Find a new job, file for H1B before your CPT expires using premium processing. Then proceed to green card application as the second step. It is risky to file for COS (Change of Status) to LPR (Legal Permanent Resident) without having a dual intent status (such as H1B).

Harris,

Sajha's best advisor and foremost authority in visa/immigration matters. Your advice is always clear and credible. Hats off to you, my friend.

Are you an immigration lawyer? How do you know so much about this subject?