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I am a similar position as well. I don't reach 180 days until July end and my job is getting terminated April end. I have an approved I-140 and EAD. Current company will not withdraw I-140. Just wondering what my options area.Quote:
Originally Posted by Kanmani
Unless otherwise you extend your employment with the GC sponsor for atleast 180 days from the Receipt date of the I-485 , You must restart your GC and interfile I140 with the already applied AoS.Quote:
Originally Posted by pdmarch282008
Please update your signature, it will be easier to answer the questions.
Kanmani, I updated my signature. Are you sure I need to re-start GC? If company does not withdraw I-140, can't I just use my EAD card to switch jobs and then send in an AC-21 letter after 180 days. I am sure my case will not be adjudicated by then.Quote:
Originally Posted by Kanmani
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Originally Posted by pdmarch282008
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Originally Posted by Kanmani
I agree with Kanmani.Quote:
Originally Posted by pdmarch282008
Since the sponsoring Employer's position did not exist for at least 180 days, no AC21 portability can exist, even if the I-485 is not adjudicated within 180 days. Somewhere, there is an AAO decision on this.
That's not to say you might not get away with it, but you would be in deep doo-doo if you got a post approval audit or an RFE for an updated G-325A.
The far safer and legal way is to start again from PERM and retain your PD.
Yes and no. Yes you could do what you suggest, and unless you get an RFE asking for proof that you were working from May through July, you will still get your GC when due, but it wouldn't be strictly legal. So, I'm with Kanmani on this. Switch jobs, ask them to start your PERM, then in about 6 months you will be eligible to file for your I-140 and depending on the then current dates, you can cofile / interfile your I140 & I485.Quote:
Originally Posted by pdmarch282008
Thank you all for your great input. If i summarize it correctly, the best course of action is to grin & bear till you hit the 180 day mark and then use AC 21 portability. If individual situation does not permit "grin & bear" then negotiate new GC filing with new employer and hope to capture old PD.Quote:
Originally Posted by Pedro Gonzales
It breaks my heart just thinking about how close I am and now having to start the GC journey again. I guess my best bet is to get my employer to keep me on payroll until July end may be through severance etc. This is BRUTAL!!!!Quote:
Originally Posted by bookworm
Hope everything works out for you.Quote:
Originally Posted by pdmarch282008
As adviced , new I-140 can be adjoined to the existing pending I-485 anytime, even if the dates are not current.Quote:
Originally Posted by Pedro Gonzales
Try to extend your stay at the current position , there is a good chance for a 3 months extension. All the best!Quote:
Originally Posted by pdmarch282008
You have our sympathies dude. I'd hate to be in your position. You think you're done with everything and then life throws you this googly. But lets take things in perspective. Assuming you can find a similar job (best before your final paycheck) you can port your old PD, which is the most important point here. You do not go to the back of the queue. The best option, as you suggest is to try to get your employer to keep you on the payroll for an additional 3 months through severance. That would be ideal.Quote:
Originally Posted by pdmarch282008
You may also want to explore unpaid leave options under the Family Medical Leave Act since payroll is not generated during such leave . You may be able to get 12 weeks to get you though to the 180-day mark.Quote:
Originally Posted by pdmarch282008
Thanks guys. I am going to try to do everything I can to get to 180 days. I'll keep you posted. Twelve years in the country with kids born here, I just can't give up. It's not about us anymore, it's about them :). Gotta get through this rough patch in life. I am glad there's this forum, it's hard to vent out your frustration on people around you who don't understand what one is going through.Quote:
Originally Posted by Pedro Gonzales
This is interesting, thanks Vikrant. I'll explore this option as well.Quote:
Originally Posted by Vikrant
pdmarch - how much severance you got. Because technically you remain on the payroll until your severance runs out. That should cover AC21.
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Originally Posted by pdmarch282008
I have to add that there's a chance that one of our sister companies may absorb me. I should know in a few days. Otherwise I think I have may be 1-2 months severance max. I have received nothing in writing yet, it's just based of what people have been given as a severance in the past.Quote:
Originally Posted by qesehmk
If you get absorbed in one of sister companies then there are certain measures one need to take w.r.t. GC process. Your lawyer can guide you. Good luck!Quote:
Originally Posted by pdmarch282008
I am not suggesting or advocating any fraudulent behaviour. It's an option worth exlporing as long as there are no misrepresentations.Quote:
Originally Posted by sportsfan33
Vikrant
In India, the unpaid leave is not counted against service. The unpaid leave will show a break in your employment without termination and that 'break' voids the continuity for all purposes.
I have no idea about the above rule in United States , but in my opinion, the employee cannot claim the said period 'working' (technically)
Just wondering how severance rule's work. Can an employee negotiate severance to be paid weekly thus be considered to be on the payroll or is severance usually paid in one lump sum?Quote:
Originally Posted by Kanmani
Sorry for getting off topic, I'd be happy to take this conversation on another thread that the guru's recommend. May be there should be a thread for losing job before 180 days.
pdmarch282008Quote:
Originally Posted by pdmarch282008
I have no knowledge on Severance rule . Hope Guru's will continue with that .
People working on H1-B visas (or other work visas) are entitled to the same leave benefits as US citizens, including FMLA. Otherwise, an expectant mother on H1-B taking maternity leave would be out of status during such leave and would have to file a new H1-B petition after the maternity leave to reinstate the H1-B status. Just a quick google search lead to this link http://www.klaskolaw.com/articles.php?action=view&id=7Quote:
Originally Posted by Kanmani
Any leave of absence (LOA) is governed by the employer's polocies. As a rule of thumb, one should have a continuous employment after returning back from LOA. For the purpose of why we are discussing here, since the person asking the question doesn't have a continuous employment, he/she is not eligible for LOA.
Just from what I understand.
I'm tempted to start with the classical reply "it depends" :-)Quote:
Originally Posted by pdmarch282008
So it depends on your company policy. In my case we were given a one time severance payout and a two-weeks notice. We received the severance check a week or so after the last day of work by postal mail. A friend of mine who lost his job around the same time as me (from a different company - Fortune 50 I guess) was given a 2-3 months notice ... so he was on payroll for 3 months, not required to work or come to office and was getting paid according the payroll. Had he quit before his last day, the company would have stopped paying him. So basically he did not get a one time severance payout, but the monthly pay was the severance pay. So like I said, it depends on the company policy. If you know anyone who was laid off from your company in the past, they might be able to give you a better idea, as what was true for them will also be true for you. You can check with some of your colleagues if they know anything about the company policy. But the policy will mostly be one of the two - 2-3 months single severance payout with 15 days notice, OR 2-3 months notice without any one time payout.
I was in a slightly better state - got laid off in Sept 2011 and it seemed to be the end of my world, but immediately joined my old employer through whom I already had an approved I-140, got current & filed 485 in Nov 2011 and received GC in Feb 2012.
I hope this helps you and more importantly I hope things work out well for you. No one should have to go through a layoff.