| Q. |
I-140 approved after being laid off
My I-140 was approved in Apr'2008 1 month after I was laid off.I-485 was filed 8months before I was laid off. I joined a very big firm in a different capacity. New firm asks me to wait for 1 year to file a fresh GC petition using my approved labor date of Dec 2006. What are my alternates. I am having nightmares. Request your kind atention and help.
User's Location:
Fremont, California, United States of America
Category:
Employment-based Green Card
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| A. |
I am sorry to hear of your stressful situation. I have come across it for clients many times before.
Are you working on your EAD or working under non-immigrant status (H-1B)?
Two options jump to mind in your situation:
(1) I-485 AOS Portability-If your I-140 is approved, your I-485 has been pending for at least 180 days and you have a new employer willing to offer a position in a same or similar ocupation as what was listed on your I-140, you may be able to simply have your new employer take over the final stage of your green card process.
(2) If your I-140 is approved, you should be able to start the green card process over with a new labor cert, I-140 etc. but be able to retain your earlier priroity date. While you would be starting from stage one again, you would also retain your earlier prioity date which is important.
Your case should first be analyzed to see if I-485 AOS portability applies. That is the fastest and most efficient way to complete your green card process.
If AOS portability does not apply, then your matter should be analyzed to start a new labor cert (PERM) filing but to retain your earlier priority date.
Those are the two options that should be looked at for your case.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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