AC21 new memo

[it_guy]

Hi,

I have read the new AC 21 memo recently from this site, and have a question about it.

per memo, is it true that your green card process is still ok even you got laid off but your I485 is pending more than 180 days after 140 approval? example:

laid off June 2005, then no job is found until July 2006, assume that on August 2006, USCIS is starting to process my case and ask me to provide emp letter, and I give them the letter that says i start to work for them one month ago. Do they care the fact I do not have job from June 2005 to June 2006?

Thank you for your thoughts

 

[cala]

I think they will ask you to show the peper for that period. There is still a big gap over there. If it was only for one month, you may be ok since it could be considered the grace period to find a job.

Hi,

I have read the new AC 21 memo recently from this site, and have a question about it.

per memo, is it true that your green card process is still ok even you got laid off but your I485 is pending more than 180 days after 140 approval? example:

laid off June 2005, then no job is found until July 2006, assume that on August 2006, USCIS is starting to process my case and ask me to provide emp letter, and I give them the letter that says i start to work for them one month ago. Do they care the fact I do not have job from June 2005 to June 2006?

Thank you for your thoughts

 

[it_guy]

CALA,

Does USCIS allows us one or two month grace period to find another job for those qulified for AC21? Does anything like this written on their document we can look at?

The new memo says, when I485 reach the adudication stage, you can not still look for job, but it did not say how much grace period will be allowed.

 

[cala]

There is no such grace period on paper. They process it case by case. If the period is REASONABLE, you should be ok.

CALA,

Does USCIS allows us one or two month grace period to find another job for those qulified for AC21? Does anything like this written on their document we can look at?

The new memo says, when I485 reach the adudication stage, you can not still look for job, but it did not say how much grace period will be allowed.

 

[TheRealCanadian]

There is no such grace period on paper. They process it case by case. If the period is REASONABLE, you should be ok.

This is 100% incorrect.

Your pending I-485 keeps you in legal status. There is no obligation to be employed by the sponsor (or anyone else) for even a single day prior to GC approval.

 

[Jaggy]

When your I485 is ready to be adjudicated you will need an employment verification letter at that time and just keep in mind that your W2 reflects the amount that was mentioned while filing labor just in case the officer raises an rfe for A2P which they sometimes do and they should not be doing at that stage.

 

[cala]

You are right, one would be legal as long as I-485 is pending. We are however talking about EMPLOYMENT BASED green card. Don't you have to prove your employment? Are you saying that as long as you filed I-485, say it's pending for three years, and you can be unemployed for three years until the day CIS is reviewing the case? I bet CIS will definitely question you on that.

This is 100% incorrect.

Your pending I-485 keeps you in legal status. There is no obligation to be employed by the sponsor (or anyone else) for even a single day prior to GC approval.

 

[TheRealCanadian]

We are however talking about EMPLOYMENT BASED green card. Don't you have to prove your employment?

I need to prove that I have an OFFER of employment. How long I have been employed (or unemployed) before the I-485 is ajudicated is completely irrelevant. If I have a job offer that qualifies under AC21, I can be approved. If I do not, the fact that I have been continuously employed for the past 10 years is of no value whatsoever.

Are you saying that as long as you filed I-485, say it's pending for three years, and you can be unemployed for three years until the day CIS is reviewing the case? I bet CIS will definitely question you on that.

They can certainly question it. But unless they can prove that the job offer is not bona fide, then they have no authority to deny the I-485.