485 ND Jan 2002, Job trouble. Pl. help...

H

hutashana

Registered Users (C)
Hi Friends,
All of you have been very friendly in showering suggestions.
I have been a silent audience to your informative responses to various problems for fellow members like myself.
Pl. help me to plan what to do:
I work for a Consulting firm. I filed 485 in last week of Jan, 2002 and got EAD, AP renewed recently.
My consulting Assignment ended last month.
Company has converted me into hourly employee (canceling all benefits including Insurance). I don't know when I land up in new job. Company thinks they are doing very big favor by just keeping me on payroll. I have been with them for 3 years.
My questions:
1.
Is it wise to go to my home country for couple of months there by avoiding heavy insurance and living costs though Apartment rent is a must? ( Also avoiding any RFEs as it is real vacation)

2.
In an imaginary scenario, if as bad luck would have it, I remain on unpaid vacation for next 2-4 months and get RFE for pay stubs, what will happen?

3.
Is it wise to join some University as full time student and convert myself as part-time when I get a job?

What would be the best idea?
Friends please help me to make a right and wise resolution.
And pl. no jokes/cynical advices. Though the English looks simple grief within me is enormous right now.

Thx a million.
 
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Technically - you can change your address to your lawyer's address in the application and then your lawyer will receive all correspondence on your behalf. In that case you can stay out of the country for extended periods. In case of an RFE on employment - obviously you need to show that you have been employed for a while.
Converting to F1 will be pretty difficult because F1 requires you to show intention of going back to the home country (which is nixed by your GC application).
Remember
1) the unemployment rate is still only 5.6% - which is pretty low, you have experience, so with some time you will be able to find employment. Plenty of people have gone thru what you are going thru. You just have to hunker down in the trenches and not give up.
2) I am not a lawyer - a lawyer might be aware of more possibilities in your case
 
Hutashana, look for a new job and in case of RFE you would be all set. Even if you get an RFE today you would have ~90 days to respond, which hopefully gives you enough time to find a new job.

If you need money then use your EAD card. Many temp job agencies would be able to get you a job that pays enough to hold you over for now.

If you are seriously thinking about going back to school then I think it would better to do this later after you got your greencard. For example, you could work for now and then start studying in the fall semester 2003.

By the way I am in a similar shitty situation like you. 50 applications yielded 5 phone calls and one interview (next week).

Good luck to you!
 
Thank you.

Thx waytoolong and helge for detailed reply.
I hope I can get some temp. assignment.
Helge, I had 12 interviews, 4 in them with direct clients, but none confirmed.May be war situation is the reason.

All the best to us for early (not on time Axis, patience Axis) G.C.
 
Working on W-2 while 485 pending...

Hello friends,
If I am a full-time employee with Sponsoring Company for GC,
is it OK if I work on W-2 on hourly basis. The job starts/ends when contract starts/ends.
What is best among :
1. Leaving current Employer ( who just runs payroll and doesn't even pay Insurance ) and work on W-2 Assignment. My RD is Jan end and Assignment may go upto October 2003. They will provide letter of employment as working on contract basis from
Contract start date to Contract end date.
Not sure whether orig. Employer will support for letter once I leave them.


2. Wait for GC approval and go on unpaid vacation with current Employer. ( To cut costs, may opt for vacation to home country for 2-3 months)

Pl. help me as I hope to get confirmation on a W-2 job this week.

Thanks
 
Option one, while not perfect, sounds better (especially if you don't get an RFE).

For option two, I don't think that it is permissable to go on an unpaid leave of absence while you are on H1B. However, this might be different in your case because you are in between 'H1B' status and also in 'adjustment of status pending' status.

Either way, it would be best to talk with a lawyer.
 
Helge,question...

Helge,
Thank you for the reply.
Even I feel option 2 is advantageous in case of no RFE.
There is one morething I forgot to add.
My current H1B expires next week and current Company automatically converts me into EAD employee. Will this in anyway adversely affects my case?
In the first option, if RFE,will sending my letter of employment from W-2 Employer pose problem?

Thanx for the help.
 
Check out AC-21 option

Hutashana,

You may want to take up the W-2 job as GC is only for future employment. GC sponsoring employer might come into picture only if there's a employment verification.

If it's more than 6 months since you applied for 485, you may want to consider AC-21 provision of GC, which allows job change, provided your new employer is interested in getting a GC for you. Your current job title and the new job title needs to be same.

Check out the posting by 'akki99' which is normally at the top of '485 issues in Vermont Service Center'

Hope this helps.

Good Luck! :)

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This is only my opinion, it's always better to consult a lawyer.
 
You are all set with your EAD. Your H1B will expire in the moment you start the new job (or the moment you start a second job and work two jobs simultaneously). For GC approval it doesn't matter if EAD or H1B -- you stay 'in status' with either one. However, there are some implications if you want to travel abroad. H1B makes reentry possible without advance parole (AP), but of course you still have to be employeed by your sponsoring company. If you use EAD status then you need to have an AP in order to travel outside the US (in case you didn't know).
 
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