485 and layoff - Need Help

D

DA

Registered Users (C)
Gurus,

What happens if 485 was file 1 year ago and one gets laid off and can't find another job immediately (job market is pretty bad rightnow).

Does one go out of status or one can keep on looking for a job maintaining status?

Any experience/insights are very much appreciated.

Thanks,
 
It all depends if INS comes to know about that particular layoff by the sponsor company. Chances are INS might not. But in some cases INS sends random RFEs for employment proof and you have time until RFE to find a new employer.
 
You will not go out of status during

Your I-485 pending period. If you want to work, you need to keep you EAD updated. Consult your lawyer and keep on finding a job in case you get a RFE.
 
Too bad

I would suggest you to negociate with your old employer. Some employers would do you a favor to say your leaving is unpaid vacation instead of laid off. Once you got RFE, I think unpaid vacation would be much better than no job. Of course, the first thing is still looking for a new job.
 
I don't think you go out of status as your adjudiction is in progress. You can continue looking for a job.
However, if INS finds out or god forbid in the event of an RFE you are asked to provide employer information you will be in a pickle. Your application can be denied on that basis.

Bottomline you won't go out of status but if INS finds out you don't have a job youwill be denied a greencard. Your best option would be to take an unpaid vacation for a period of time, meanwhile continue looking for a job. Remember, you can work in the same category (as mentioned in your labor) with your EAD in any company. At this point you are not bound by visas, unless you exit the country or unless your application is denied.

This is strictly my opinion and I am no lawyer.
 
To my best knowledge an unpaid leave of absense is not an option - if you are on H1B you have to be employed and are not allowed to take an unpaid leave.
 
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