GC4US
08-29 11:29 AM
Could someone please, help me with the following situation; HERE IS MY EXPLANATION:
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
....My permanent employment is in Massachusetts...so from what I read( from I-140 and 485 instructions) my permanent employment which is Massachusetts...does not correspond to the Nebraska Service Center...it corresponds to the Texas Service Center. I've noticed this only after my lawyer sent my package to NEBRASKA.
Please tell me if I'm accurate about this matter?
Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?
Please help me!
Your help would be highly appreciated!
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abhishek101
05-17 05:50 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
garybanz
12-01 04:11 PM
I guess you can still argue that a QA Analyst job is quite similar to a SAP BI Analyst...it's not like you are running a restaurant or selling cars.
Talk to a good attorney.
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Talk to a good attorney.
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
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Jubba
10-20 05:47 PM
Where do I put these brush files? They are in the folder, but Photoshop isn't reading them...
more...
sam_austin77
12-11 12:30 AM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
h1b_slave
07-07 01:51 PM
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
Also what if indian citizen residing in india wants to sell online to US customers ?
more...
sintax321
10-02 01:33 PM
So the colors and the blobs where made in 3DSM.:*( I don't have a copy so I guess I'm cursed to Photoshop. Oh well. Do you Know any good PS tutorial sites that I might not have found yet?
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!
more...
eyeinfinitude
10-09 07:30 AM
Dessoya gets my vote, I like the morbid approach.
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mena
11-26 03:03 PM
I asked my Lawyer and she told me it's
NSEERS is the official name of the special registration program
and I have to show the proof that I registered during special registration. It's something started back in 2001. I think I didn't send my old I-94 and passport copies on which there is a stamp that I did went for that registeration.
So have provided that information to my Lawyer. I hope it covers what USCIS is asking for.
Thanks
NSEERS is the official name of the special registration program
and I have to show the proof that I registered during special registration. It's something started back in 2001. I think I didn't send my old I-94 and passport copies on which there is a stamp that I did went for that registeration.
So have provided that information to my Lawyer. I hope it covers what USCIS is asking for.
Thanks
more...
needhelp!
10-24 05:41 PM
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chanduv23
06-05 08:50 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.
It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.
You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.
Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.
My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
The better you treat your client, the better business for you.
more...
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permfiling
10-28 01:23 PM
Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
Did you get your physical green card? Have you completed your FP?
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
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kshitijnt
07-27 02:46 PM
Hi,
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
My I-140/I-485 are pending. I had also applied for my EAD card which I received promptly. The EAD card will expire in October, 2008. You know, at least until the I-140 gets approved, I don't need the EAD card. Can I just let it expire and renew it when I need it? Or will it be a separate application when I try to renew an expired EAD.
Thanks.
If your renewal requires fees, I would not get it approved.
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walking_dude
08-01 11:20 PM
Dear Tennesseans,
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
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wenxue
10-08 10:38 AM
Totally agree.
Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.
Another night my wife was worried. I told her that I am still young :). When the worst happens, I can still work in a Chinese restaurant, and put the food on the table for the kids.
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sonia_sd
09-14 02:34 PM
The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
jlt007us,
Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.
Soni-
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tnite
10-31 10:05 AM
Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
yes
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
yes
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va_labor2002
09-24 05:48 PM
About Rajiv Chandrasekaran
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Rajiv Chandrasekaran, author of Imperial Life in the Emerald City, is an assistant managing editor of The Washington Post. He heads the Continuous News department, which reports and edits breaking news stories for washingtonpost.com, and he helps to shape the newspaper's overall multimedia strategy.
From April 2003 to October 2004, he was The Post's bureau chief in Baghdad, covering the American occupation of Iraq and supervising a team of correspondents. He lived in Baghdad for much of the six months before the war, reporting on the United Nations weapons-inspections process and the build-up to the conflict.
Before the U.S.-led war in Iraq, he was The Post's Cairo bureau chief. Prior to that assignment, he was The Post's Southeast Asia correspondent, based in Jakarta, Indonesia. In the months following Sept. 11, 2001, Rajiv was part of a team of Post reporters who covered the war in Afghanistan.
He joined The Post in 1994 as a reporter on the Metropolitan staff. A native of the San Francisco Bay Area, he holds a degree in political science from Stanford University, where he was editor in chief of The Stanford Daily. He lives in Washington, D.C.
Contact Rajiv Chandrasekaran
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
ps57002
10-10 06:10 PM
Hi Ps57002 good to see you here.
I saw you in . I was h12GC in .
Hey good to see you here too :)
Your case is a lil different than mine cause you did your I140 first, got online receipt that was sent with your 485. I am assuming one week later, when you had your PERM hard copy, you sent that along with other docs for your I140. I think you will be fine. You did everything right for the I140 and 485 is dependent on 140.
Me though...my lawyer sent both 140/485 together in the mail, nothing done online. and no perm hard copy was included..just the online approval ETA form, signed by me/employer, along with screen shot af DOLETA approval.
I will definitely keep you updated. I think mine will take longer than most cause on top of everything my file was sent to nebraska instead of texas....so it had/needs to be transfered to texas (NY employer).
Keep updating and if you hear about others (i'm trying to stay in touch with others in similar position), let me know...
as i used to say in ... 'jai maata ki" (god bless)
I saw you in . I was h12GC in .
Hey good to see you here too :)
Your case is a lil different than mine cause you did your I140 first, got online receipt that was sent with your 485. I am assuming one week later, when you had your PERM hard copy, you sent that along with other docs for your I140. I think you will be fine. You did everything right for the I140 and 485 is dependent on 140.
Me though...my lawyer sent both 140/485 together in the mail, nothing done online. and no perm hard copy was included..just the online approval ETA form, signed by me/employer, along with screen shot af DOLETA approval.
I will definitely keep you updated. I think mine will take longer than most cause on top of everything my file was sent to nebraska instead of texas....so it had/needs to be transfered to texas (NY employer).
Keep updating and if you hear about others (i'm trying to stay in touch with others in similar position), let me know...
as i used to say in ... 'jai maata ki" (god bless)
Gravitation
09-11 10:25 AM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Apply for EAD and AP asap.
If you change your job yourself in less than six months... there may be trouble... but...
If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.
Good luck.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Apply for EAD and AP asap.
If you change your job yourself in less than six months... there may be trouble... but...
If you get laid-off in less than six months after filing I-485, you'll be fine (GC wise). You'll need either H1B transfer or EAD to work... but you'll not be out of status. After you file I-485, you're a parolee till the final decision on your I-485 application has been made.
Good luck.
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