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Layoff when on H-1B and I-485 pending past 6 Months

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  • Layoff when on H-1B and I-485 pending past 6 Months

    Dear All.

    Thank you very much. I just wanted to share some of highlights my current green card process with "Company ABC"...

    My green card process details under "Company ABC" are as follows,

    <UL TYPE=SQUARE>* My labor certificate was processing under (India) EB3 (have the copy of Final Determination and Form ETA 750, Part A and B)"/priority date Mar 2004[/list]
    <UL TYPE=SQUARE>* I-140 and I-485 filed concurrently on July 2007/ Received I-140 approval on Sep 2006[/list]
    <UL TYPE=SQUARE>* In Company ABC I was working on H-1B, also have EAD and Advance Parole documents but I never used EAD[/list]
    <UL TYPE=SQUARE>* Also, just couple of months back I had a RFE on I-485 regarding date of birth registration and Company ABC attorney did responsed back to USCIS on time and is expected that USCIS will review response by Jul 12 2009.[/list]

    Unfortunately, I lost my job position because of economic downturn in Company ABC couple of days back (06/25/2009) now,

    <UL TYPE=SQUARE>* I need to know what are next steps to maintain my status and continue my green card process[/list]
    <UL TYPE=SQUARE>* I would like to know how much time I have to find a new job.[/list]
    <UL TYPE=SQUARE>* Identify my new attorney of representation (Notice of Entry of Appearance as Attorney or Representative USCIS form G-28)--> Do you have any recommendation.[/list]
    <UL TYPE=SQUARE>* I have almost all required documents to switch over to new attorney but still I would like to know what all documents are needed so that I can acquire from Company ABC attorney.[/list]

    I appreciate your valuable time to see the posting and responding. Thank you very much.

    Best Regards,

    Monty

  • #2
    Dear All.

    Thank you very much. I just wanted to share some of highlights my current green card process with "Company ABC"...

    My green card process details under "Company ABC" are as follows,

    <UL TYPE=SQUARE>* My labor certificate was processing under (India) EB3 (have the copy of Final Determination and Form ETA 750, Part A and B)"/priority date Mar 2004[/list]
    <UL TYPE=SQUARE>* I-140 and I-485 filed concurrently on July 2007/ Received I-140 approval on Sep 2006[/list]
    <UL TYPE=SQUARE>* In Company ABC I was working on H-1B, also have EAD and Advance Parole documents but I never used EAD[/list]
    <UL TYPE=SQUARE>* Also, just couple of months back I had a RFE on I-485 regarding date of birth registration and Company ABC attorney did responsed back to USCIS on time and is expected that USCIS will review response by Jul 12 2009.[/list]

    Unfortunately, I lost my job position because of economic downturn in Company ABC couple of days back (06/25/2009) now,

    <UL TYPE=SQUARE>* I need to know what are next steps to maintain my status and continue my green card process[/list]
    <UL TYPE=SQUARE>* I would like to know how much time I have to find a new job.[/list]
    <UL TYPE=SQUARE>* Identify my new attorney of representation (Notice of Entry of Appearance as Attorney or Representative USCIS form G-28)--&gt; Do you have any recommendation.[/list]
    <UL TYPE=SQUARE>* I have almost all required documents to switch over to new attorney but still I would like to know what all documents are needed so that I can acquire from Company ABC attorney.[/list]

    I appreciate your valuable time to see the posting and responding. Thank you very much.

    Best Regards,

    Monty

    Comment


    • #3
      At any time during immigration applications, you can switch attorneys. However, if a company was paying for your H1B processing, you have no right to their work product.

      Basically you have 60 days to start over or you then begin accumulating illegal status.

      You best bet is to file an AOS to B2, that will give you time to find another employer who will sponsor you for employment.

      Comment



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