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I485 pending more than 180 days and layoff

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  • I485 pending more than 180 days and layoff

    Hi Shah,

    I have been a long time follower and talked to you once before and in need of your advice. I am in the following situation and I hope you can advice me of the best course of action.

    PD: 11/2008
    I140 approved: 01/2010
    I485 Filed: 08/2014
    EAD/AP received: 10/2014
    My H1B (12th year) status is valid till : 09/2016 (I got it stamped in 12/2015 in India)

    I recently got laid off on 01/29/2016 (last date) and on the same date I received an RFE from USCIS for medicals(I693) saying my previous forms were valid only for an year. I think my PD will soon become current(03/2016) and hence an RFE is triggered. I have 90 days to respond.

    I talked to my old company lawyer and they were of the opinion that this might be the last RFE before I get my GC (I really hope it is).

    My questions are.

    1. My best course is finding a new employer, porting AC21 or doing an H1B transfer?
    2. Do you suggest to reply to I-693 immediately or buy some time (may be reply in 75 days) so that if there is a new RFE for Employment verification, I will be in a better position to find a new employer (I will not be in time pressure cooker at least)
    3. will there be a chance to get one more RFE for EVL ?
    4. If not, I would think I will have my GC in hand around 04-05/2016. Having been unemployed at the time of GC approval will have any bearing on the future like citizenship application?
    5. Anything that I am missing to factor in.

    I greatly appreciate your input. Big thank you for all the services you are providing to the community. Look forward to your reply.

  • #2
    Please call us for a consultation, this is too complicated to answer on a forum. 510 742 5887
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

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