Ead > 6mnths job loss - vacation

[jagdishkab]

Hi,

Please explain

If EAD > 6MNTHS and the client job comes to an end?


Can i take a leave(unpaid) for maybe 3 months and come back to the country?

Is it also fine that when i come back i keep looking for a job even if my employer terminates me.

Is it ok then when my gc application comes up , there would be no problem beacuse my 'to be employer' can show is intent to hire me as stated in the Application.

Any advise is useful

[david_h]

I'm in a similar situation as you and would like some advice. FWIW, my lawyer says it's okay to do so but hopefully someone else can offer up their thoughts.

I'm currently on H-1 and recently received my EAD and AP. Due to some family issues, I'd like to take a leave of absence and return home for an extended period (about 4 months). My employer is okay with that but obviously can't pay me for the time away.

1) Is it possible to take an 'unpaid sabbatical', if you will, without violating the wage requirement of my H-1 status.

2) Assuming that's not possible, can I 'quit', essentially giving up my H-1, go home for a few months, then come back on my AP and resume employment with my employer using my EAD?

3) I understand there's always an inherent risk with leaving the country but is the risk any bigger by being away from the country for so long?

Many thanks.

[ginnu]

Originally Posted by jagdishkab

Hi,

Please explain

If EAD > 6MNTHS and the client job comes to an end?

------------------- Why you can’t be clear so that others can understand the question? It seems to me that you have I-485 pending and you are working with EAD and wants to know if one can be without job for sometime if one has I-485 pending. Yes you can be without job while I-485 is pending and can also take leave.

Can i take a leave(unpaid) for maybe 3 months and come back to the country?
--------------Yes and to come back you will need approved AP in Hand before you go out of US.

Is it also fine that when i come back i keep looking for a job even if my employer terminates me.
--------------------------Your I-485 needs Job offer for approval. you can join any employer if you are eligible for AC21.

Is it ok then when my gc application comes up , there would be no problem beacuse my 'to be employer' can show is intent to hire me as stated in the Application.
--------------------once join new employer file AC21 request with USCIS so that your I-485 gets approved based on new employer same/similar Permanent job offer letter.
Any advise is useful

---------------

[kahan_funs_gaya]

One tip - Do not change your address under any circumstances, if you are out of job on EAD.

I have seen that address changes usually triggers a RFE in almost all cases. Without RFE, you should be able to hang on sans job...

[david_h]

Originally Posted by kahan_funs_gaya

One tip - Do not change your address under any circumstances, if you are out of job on EAD.

I have seen that address changes usually triggers a RFE in almost all cases. Without RFE, you should be able to hang on sans job...

I realized a change of address might be a giveaway but since I'll be out of the country for several months, I can't afford to keep paying rent especially when I won't have income. As it is, rent where I live (NYC) is taking up a substantial chunk of my income. Other problem being I won't be around to check my mail while I'm gone. So my plan was to update my address to my brother's, who unfortunately lives in a different state. Any advice on this?

And should I receive an RFE while I'm out of the country, will I have to rush back in order to respond to it?

Thanks.