Sample Questions from Volume 4: 1500 Most
Frequently Asked US Visa Requirement Questions
QUESTION: After the recent AILA / INS meeting
in San Francisco, what is INS' stand on layoff before 180 days?
ANSWER: INS said that they had no problems
with it since AC21 has no restrictions. Even in another meeting
with Efren Hernandez in Washington, D.C., when he and I spoke on
an H1B panel for immigration lawyers, he mentioned that the INS'
position was that the only requirement is that the I-485 cannot
be adjudicated within 180 days. So, a layoff or even revocation
of the underlying I-140 petition within the 180 days, but the
INS not acting on it within 180 days, should be fine the way
AC21 is written.
QUESTION: Does INS' stand differ in case of
layoff, firing or resignation (before 180 days)?
ANSWER: Although some folks have stated that
a person has no control in a layoff or firing scenario and
therefore the INS may view the issue more favorably, we have
never received any confirmation of that fact by any INS officer,
to my knowledge. The only issue is whether the INS adjudicates
the case within 180 days.
QUESTION: My husband got laid off before six
months of I-485. Can we still use our EADs?
ANSWER: Yes, not merely the EADs, but, as
mentioned above in this session of the , as long as the INS
takes over 180 days to adjudicate the I-485 and your spouse can
find another employment in the same or similar job
classification, both of you may be able to get the GC without
worrying about starting the entire GC from scratch. This is
based on INS discussions, but we await INS regulations on AC21
to clarify certain gray areas of the law.
