The law states that both labor certifications and employment-based visa petitions remain valid with respect to a "new job" where the INS fails to adjudicate an application for adjustment of status within 180 days "if the new job is in the same or a similar occupation as the job for which the "petition was approved" or the "(labor) certification was issued".
Here, it may be beneficial to brain storm and reach ideas regarding this 180-day benefit when the person becomes unemployed and receives an interview notice at the same time. This is my case and is the case of many in this slow economy.
I met an unemployed person who wants to incorporate his own business. He wants to hire me in the same job category, provide me with a job offer, make a work contract with me for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated in order for me to make use of the 180 days rule and avoid the potential problems at the interview. Basically, my job will be to design web pages and help his DJ/music business grow. But the focus of his DJ business is so different from the Computer company I was laid off from. Although the focus is different, my job description in his company will be exactly the same.
Q1) If the job description is the same, does the new company’s focus has
to be similar to my sponsoring company?
Q2) Considering I will be getting a deferred salary in the contract, do I
have to show paychecks at the interview?
Q3) Is it OK if the company is made up of 2 people? The law above doesn’t
say anything about the size, income, and focus of the new company.
Q4) If the new company is not acceptable, do I get a longer grace period
to find a similar job in a company that is acceptable? For example,
after the interview I can get an RFE and this takes time to issue,
hence I am indirectly extending the grace period. So a strange job is
good sometimes because it’ll help you get an RFE, and hence, buy time.
Q5) Do you think it is helpful to find a doubtful enough job to the point
an RFE is issued in order to buy this extra time?
I am assuming it is not possible to find the same job that the I-140
was based on.
Here, it may be beneficial to brain storm and reach ideas regarding this 180-day benefit when the person becomes unemployed and receives an interview notice at the same time. This is my case and is the case of many in this slow economy.
I met an unemployed person who wants to incorporate his own business. He wants to hire me in the same job category, provide me with a job offer, make a work contract with me for 5 years, and defer my salary. Although his company is not incorporated yet, I told him to make it incorporated in order for me to make use of the 180 days rule and avoid the potential problems at the interview. Basically, my job will be to design web pages and help his DJ/music business grow. But the focus of his DJ business is so different from the Computer company I was laid off from. Although the focus is different, my job description in his company will be exactly the same.
Q1) If the job description is the same, does the new company’s focus has
to be similar to my sponsoring company?
Q2) Considering I will be getting a deferred salary in the contract, do I
have to show paychecks at the interview?
Q3) Is it OK if the company is made up of 2 people? The law above doesn’t
say anything about the size, income, and focus of the new company.
Q4) If the new company is not acceptable, do I get a longer grace period
to find a similar job in a company that is acceptable? For example,
after the interview I can get an RFE and this takes time to issue,
hence I am indirectly extending the grace period. So a strange job is
good sometimes because it’ll help you get an RFE, and hence, buy time.
Q5) Do you think it is helpful to find a doubtful enough job to the point
an RFE is issued in order to buy this extra time?
I am assuming it is not possible to find the same job that the I-140
was based on.