huber Manu
Sep 15, 2024
Termination within 180 days
Hello guys,
I am going to file my AOS next month in October. I am going to file EAD as well. my company is not in a great state right now..I don't know what will happen 3months/6months down the line and I might not have 180 days.
if EAD is filed and received before I get laid off ,but it's not quite 180 days yet...what can I do?
I know for a fact my company (MNC) will not rescind the i140 application. I am very worried..please help...
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Oz tahaSep 15, 2024
which EB tho? EB1?
huber Manu Sep 15, 2024
@Oz taha yes
Oz tahaSep 15, 2024
the main issue is RFEs and the interview, they may ask you for form J tho EB1 doesn't need it but some have gotten it and I think for eb1 there is usually an interview - The main thing file your AOS ASAP with medical and all of the stuff, then hunt another position aggressively. best of luck
a kSep 18, 2024
@huber Manu what visa are you currently on?
if you are on say h1, then the company needs to notify USCIS promptly after last working day. But thanks to USCIS incompetence—- you may luck out between the time they see this to issue RFE or interview and passage of 180 calendar days since filing 485.
huber Manu Sep 18, 2024
@a k I am on H1B..I guess I see your point..let's say I do get my GC within Dec/Jan then all of this is immaterial..also if I get laid off but get the GC without RFE/Interview call it seems to be a grey area..
huber Manu Sep 18, 2024
@a k @Oz taha .. so of I do get laid off after getting EAD but within 180 days does that mean I am I have to restart the while i140 process again in the new company?😔.. this seems so unfair
