Another layoff case, after 180 days...

V

venesaz

Registered Users (C)
My last day was 11/13, since I have some Paid Time Off, the sepration day will be Dec. 15.

My PD is march 2002, so I am safe for now at least. My questions are:

1) will there be time frame for getting the another job

2) Does it has to be a full-time based job

3) if the salary is about 15-20% less than the previous one, will that be OK?

4) I will be using the AP to re-enter the USA at next Jan, will I have trouble since I lost job?

Didn't get answers from Mr. Shusterman's Q&A

http://immigration.about.com/library/weekly/aa012902b.htm

thanks all!
 
I am in a similar situation........

Venesaz,
I am in a similar situation like you (diff is 485 pending for just 50 days). The link you have provided was really useful. If i happen to get answers for your questions, i will immediately post it.
 
I guess to get an absolute answer, lawers are the best person but since you asked,,,

1) will there be time frame for getting the another job
What timeframe are you referring to? You will need to have a permament job if you get an employment RFE. After you get RFE, you have 80-90 days to respond with your w2, paystubs etc.

2) Does it has to be a full-time based job

Definately.
3) if the salary is about 15-20% less than the previous one, will that be OK?
It should be okay, INS never mentioned anything about the salary.

4) I will be using the AP to re-enter the USA at next Jan, will I have trouble since I lost job?

How are they related? AP states that you are entitled to be re-entered. Its not dependent on your job status
 
Thanks, Sunny!!!!

For the question 1, what I meant is the time frame inbetween my last day of previous job and the day I start the new job. Like the H-1 transfer, I remember there's some timeframe requirement, such as 2 weeks or something like that.

I want to know if I couldn't find a full time job in 2 -3 month after the my sepration day (which is 12/15), once INS ask for RFE, will there be trouble for those black period? The even worse case could be, if they ask for RFE, I still don't have a fulltime job, what should I do?

Thanks in advance!!!!!
 
I don't think there is a hard and fast rule for when you should find a job while on EAD. If they issue an RFE you will have up to 90 days to answer and find a job.

So, while the situation is not easy, it's not overly desperate.
 
Time frame for finding a job?

Here is some information------------

Is there any time limit while using AC21 and while the I-485 is in process within which one has to find another job?

Attorney M : When the INS issues an RFE or calls a person for an interview, the person is required to show "same or similar" job by that time. However, even if the INS does not call one for an interview, etc. it is possible by not working at the time of GC stamping that the person could have a risk if GC approved since one has to be working in the same or similar job to obtain GC and the INS may deem it fraud to have obtained the GC without having informed INS of a new, similar, job offer as required by AC21 law. Like so many other issues, a definitive answer may not be possible before regulations are issued.
 
couple more questions, thanks all!!!

Thanks Vooloo and Meow_Meow. I know the best way to do is find a full time job ASAP, however in this kind of market and timing,(end of year) it's just not easy...

Also, does anyone know that if I could take a full-time contract based job for few months by using my EAD? Is it legal in this "waiting for a new fulltime job" period? If INS ask for RFE, should I report the contract job?

I am having a part-time job at this moment, teaching one class in a school (W2 form/EAD), it started while I still had the full-time job. Will this be still OK? If INS ask for RFE, should I report this?

:confused:
 
INS will only ask if you have a future job offer that corresponds almost exactly to the labor description in I140. Note - full time, not part time. Doesn't have to be same employer but job has to match.

Take care and good luck with the job hunt. Tough market but not impossible. Took my wife and a few friends I know 3+ months to land a job on H1 visa and at that time everybody had pretty much written off their job. But with perseverance, I don't think it's impossible.
 
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