Status on EAD after losing job

A

ask123

Registered Users (C)
Hi,

I have a I-485 pending since Sep 2007. My EAD is valid till Oct 2010. My wife is a derivative beneficiary and her EAD is valid also until the same date.

My wife is working on her EAD.

Due to current,economic conditions I might lose my job. I have some questions:

1. If I lose my job, will my wife's EAD be valid till its expiry date?
2. How much time I have before I should find a new job? Is it till my EAD expires?
3. Is it possible to get answer of similar questions from USCIS directly?

Thanks
 
ask123 said:
Hi,

I have a I-485 pending since Sep 2007. My EAD is valid till Oct 2010. My wife is a derivative beneficiary and her EAD is valid also until the same date.

My wife is working on her EAD.

Due to current,economic conditions I might lose my job. I have some questions:

1. If I lose my job, will my wife's EAD be valid till its expiry date?
-------------her EAD will be valid
2. How much time I have before I should find a new job?
--------ASAP
Is it till my EAD expires?
---------------------for work one needs valid EAD or H1 status. you can apply for EAD renewal before 120 days before EAD expiry date.
3. Is it possible to get answer of similar questions from USCIS directly?
---------------you can try.
Thanks
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--------------
 
Thanks ginnu for the clarification.

I understand that if I lose my job I should try to get it ASAP. Is there any defined time frame (after which we will be out of status)?
 
ask123 said:
Thanks ginnu for the clarification.

I understand that if I lose my job I should try to get it ASAP. Is there any defined time frame (after which we will be out of status)?
Click to expand...

Why you want to ask USCIS. Better ask advise from your immigration lawyer.
 
ask123 said:
Is there any defined time frame (after which we will be out of status)?
Click to expand...
You need to get another "same or similar" job or job offer (according to AC21 criteria) before USCIS does something about your lack of a job. If they find out about you not having a "same or similar" job or job offer (and they would find that out if the employer asks them to revoke the I-140), they can deny your I-485. And if they approve your I-485 at a time when you don't have a job or job offer, they can revoke your green card later if they find out (which they may discover when researching your history for your citizenship application).
 
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Jackolantern said:
You need to get another "same or similar" job or job offer (according to AC21 criteria) before USCIS does something about your lack of a job. If they find out about you not having a "same or similar" job or job offer (and they would find that out if the employer asks them to revoke the I-140), they can deny your I-485. And if they approve your I-485 at a time when you don't have a job or job offer, they can revoke your green card later if they find out (which they may discover when researching your history for your citizenship application).
Click to expand...

So it means that if you are out of job you might be out of status too? I am curious to know what is the time frame before one should get a "same or similar" job without being out of status?

Thanks
 
ask123 said:
So it means that if you are out of job you might be out of status too?
Click to expand...
No. You remain in status as long as your I-485 is pending. The problem is that USCIS can deny* your I-485 due to your lack of a job or job offer*, or if they approve while you don't have a job or job offer they can revoke it later. But as long as neither approval nor denial has happened, you are still OK.

There is no specific time frame in which you have to get another job, except that you must get the job or job offer before USCIS takes action regarding denial or approval of your I-485. You could sit for years without them doing anything, or they could take action next week.


*normally they will first send you an RFE or NOID so you have a chance to respond with proof of maintaining your original job or getting another "same or similar" job or job offer.
 
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Jackolantern said:
No. You remain in status as long as your I-485 is pending. The problem is that USCIS can deny* your I-485 due to your lack of a job or job offer*, or if they approve while you don't have a job or job offer they can revoke it later. But as long as neither approval nor denial has happened, you are still OK.

There is no specific time frame in which you have to get another job, except that you must get the job or job offer before USCIS takes action regarding denial or approval of your I-485. You could sit for years without them doing anything, or they could take action next week.


*normally they will first send you an RFE or NOID so you have a chance to respond with proof of maintaining your original job or getting another "same or similar" job or job offer.
Click to expand...

Thanks Jackolantern

To summarize: At the time quota is available for 485 and its getting processed, I should have a "similar or same" job. Before that there is no other legal binding regarding job. Please correct me if I am wrong.
 
At the time your I-485 is approved (which can happen only when a visa number is available for you), OR at the time USCIS sends you an RFE or NOID related to your job situation*, you need to have a same or similar job or job offer. Until then, you can sit at home watching TV or use your EAD to do completely unrelated work. However, I would advise you not to travel outside the US during that joblessness, because if at the port of entry they question you about your job situation and you don't have a relevant job or job offer, that could lead to denial of the I-485.


*if you don't actually have a same or similar job or job offer at the time they send the RFE or NOID, but you then get such a job or offer before the deadline to respond to the RFE/NOID, I believe you still would be OK.
 
Jackolantern said:
At the time your I-485 is approved (which can happen only when a visa number is available for you), OR at the time USCIS sends you an RFE or NOID related to your job situation*, you need to have a same or similar job or job offer. Until then, you can sit at home watching TV or use your EAD to do completely unrelated work. However, I would advise you not to travel outside the US during that joblessness, because if at the port of entry they question you about your job situation and you don't have a relevant job or job offer, that could lead to denial of the I-485.


*if you don't actually have a same or similar job or job offer at the time they send the RFE or NOID, but you then get such a job or offer before the deadline to respond to the RFE/NOID, I believe you still would be OK.
Click to expand...

Thanks Jackolantern!!! I have a clear understanding now.

I discussed my scenario with my employer's lawyer who is mentioning otherwise. Is there a official document which describes these scenarios?
 
Does this mean, 485 approval wont be impacted if the applicant was without a job for a brief time while using EAD before the PD becomes current?
 
ask123 said:
Thanks Jackolantern!!! I have a clear understanding now.

I discussed my scenario with my employer's lawyer who is mentioning otherwise. Is there a official document which describes these scenarios?
Click to expand...
See questions 10 and 14 (pages 4 and 5) of the 2005 AC21 memo. Not quite an exact description of these scenarios, but the important points they explain are (1) the job offer at the time of filing the I-140 and I-485 must have been bona fide, and (2) at the time of I-485 adjudication the employee must have the original or "same or similar" job offer.

http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
 
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