Very diff. question.

A

akkig

Registered Users (C)
Help appreciated.

Here is my situation.
I filed my 485, EAD, AP on 4/17/02. I got laid off but I still have 1-1/2 months leave and my company accepted it to give me these leave in terms of pay. i.e. I will get 1-1/2 month pay in regular pay stub as my company showing I am employed. I am short of 2 month for 180 days count. My company and attorny suggested me to go on unpaid leave to India, for two months, right now and use the paid leave after that so I will have paystubs till 10/17/02 i.e. 180th day.
So my questions are.

1) Do you think it\'s wise to go to India as I do have valid H1 Visa. Or shall I just tell my company that I am leaving and stay here and look for opportunities.

2) What happens if I get another job before 180 days? Can I be employed by both compaies. In this case does INS will ask me the joing date of my new company? As per my knowledge the employment letter shows only the salary and job description.

Thanks for your help.
 
I wouldn\'t take risk going out of country in this situation. Never Believe your employer for anyth

I wouldn\'t take risk going out of country in this situation. Never Believe your employer for anything. Try to persuade your company to let you work for 180 days, if not find a new job asap.

If that doesn\'t matter, get a new job asap. AC21 should protect you if your I-485 application wont\' get approved before 180 days as per discussion here.

Take a second openion from some other attorney.
 
Dont go to india

Get the 1 1/2 months Pay, Find a new employer and do a H1 and work for him in same or similiar Position. If your case is about to get approved within 180 days of your 485 application you are in trouble. If not you will not be in trouble. After 180 days if INS asks for Employment cerification or job description get a letter from new employer with the Similiar Job description as your old job descriprion and you are good to go and you will get your GC. But make sure you work in NEW H1. Do not work in EAD.
 
OR

You can still be on vacation for 2 months but still be in this country itself. Vacation doesn\'t mean you have to leave the country. You can still take a un-paid vacation for 2 mths and after that use your 2 mths paid leave.

Hope this helps
Krishnan
 
get a new job...

and transfer smoothly..i.e. no break in paystubs.

However odd it may sound, my lawyer\'s take (and some other\'s on this board) on AC-21 is that if you have to provide an explanation like an RFE or interview and it has been 180 days since you filed - it does not matter when you changed your job - whether the next day of filing or 181st day of filing - AC-21 only says that you can change employers in the same field if your case has been unadjudicated for 180 days - does not clearly state when can you change that job and that\'s what lawyers use to their client\'s advantage. I hope I am making myself clear.

So, I \'d say - you have 6 weeks of pay in the future, look for a new job in the same arena and transition into it. While parting, get a good letter from the present employer that due to the economic conditions, they have to lay you off and that they would gladly rehire you as and when the conditions improved.
 
Thank you guys.

Thanks for your points. I am still thinking about it.

Gheewala : Yes my attorney thinks that the vacation will be counted in 180 days and he thinks that at least in an interview I can show them the last pay stub of 180th day. That person might not ask for all of the pay stubs. (This is only assumption.)
 
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