AC21: Gap between jobs

B

BOS_NP

New Member
My 485 RD is Nov 2002 and for personal reasons, I need to take about 2 months time off from work , and after having explored other options the only one I am left with, unfortunately, is to quit my job. I had really hoped to continue with my employer till my greencard was approved, but am in a very diffucult situation and have to take about 2 months off and would like to quit my current job, take the time-off ( which could possibly include travel based on AP) and then return to the US to search for a new job. Can anyone please advise how the CIS would look at a "break" between jobs and what kind of pitfalls might there be with a case like this? Is it typical for the CIS to check whether a person has been in continous employment since the 485 was filed? Any suggestions/advise anyone has will be greatly appreciated.

Thx.
 
You can request your employer for Leave of Absence especially if it's something to do with a family emergency or like. As long as you can provide proof of employment in case of an RFE you should be fine even if there was a gap in employment.
 
Maviska - thanks for the response. LOA, unfortunately is also not an option for me as the kind of personal reasons that I need to go back for, according to my employers, will not qualify for family leave under the various US laws for the duration that I am asking. Basically, they are saying no to over 1 month total leave (including some remaining vacation time), and I am not sure how much I can challenge them, beyond what I already have because, as much as it frustrates me to say this, I need to be on decent terms with them incase things get sticky with the CIS in the future.

Your assesment that I should be fine inspite of the gap, as long as I have a job, certainly gives me some comfort but I'd be interested to know if you have any suggestions, on what might happen, if at the time of the RFE I dont have a job? I am hoping the RFE wont come in the two months that I am not employed and I am trying to understand better what my options are if for some reason it comes during this time. Any further thoughts?
 
Gap in employment is fine. But you need a job to respond to RFE if/when it happens. You typically get 90 days to respond to RFE. ;)
Good Luck,
 
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