AOS filed: want leave of absence within US

G

gcissue123

Registered Users (C)
My AOS has been filed a few days ago in EB2 category. I want GC badly but finding it hard to work at current employer any longer and am evaluating sereval options. Can I go on a leave of absence for about 3-4 months? what personal reason can I cite? That way I will have just 2 months to work before i could use AC21.
As employee's employment can be terminated as the employee is on leave of absence according to my company policy, what happens in that case. If I am terminated while I am on leave of absence, I do have offers that I could join. Does that affect in any way my pending I485 if it happens within 6 months?
 
it's kind of grey area

gcissue123 said:
Can someone please comment? Any help is great.
Click to expand...

I believe you wouldn't have problem if you:
1. out of this country
2. have a 40hr/wk job on another h1b

some experts say you are no long h1b anymore if you don't work more than 30 hr/wk or so. At least you're violating your h1b status for absence.

more experts say as long as you are employed with pay stubs at the time of 485 RFE, you are fine (or in status) even if you are not working (laid off or fired, needless to say absence) from the 485 filing date to 485 RFE date.
 
what do you mean by 485-RFE - why will there be an RFE if my application is complete?
I have limited understanding of the progress of 485 application, could someone explain to me what I will receive from INS and at what timeline.

- when do I get my EAD.
- when do i go for fingerprinting
- i guess i get my green card in about 5-6 month, correct?

Once one has filed AOS application, only in certain cases will INS verify with the company before approving 485 that the employee still worked there. In other cases even if the employee has quit a few days after filing AOS, INS may not verify with the company and the employee may get his green card w/o problems. correct?
 
Read the reply below
gcissue123 said:
what do you mean by 485-RFE - why will there be an RFE if my application is complete?
I have limited understanding of the progress of 485 application, could someone explain to me what I will receive from INS and at what timeline.

- when do I get my EAD.
----------EAD processing is taking approximately 3 months.
- when do i go for fingerprinting
---------
probably after a month or two after 485 applicatoin
- i guess i get my green card in about 5-6 month, correct?
--------
Nobody knows how long it will take. Some people has received it in 4 months and some has waited for more than 3 years. It all depends on the Name check.


Once one has filed AOS application, only in certain cases will INS verify with the company before approving 485 that the employee still worked there. In other cases even if the employee has quit a few days after filing AOS, INS may not verify with the company and the employee may get his green card w/o problems. correct?
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