Employment termination and GC approval..

S

seattledude

Registered Users (C)
Can someone help me with the right answer?

I was terminated today from employment.. not a lay off..

My GC application (485) is pending close to 2 years now..

I have valid EAD's.

1) As my GC application has been pending close to 2 years now, I understand that this allows me to look for other jobs using my EAD. Can someone confirm?

2) What kind of supporting documentation would my new employer need? What kind of documentation do I need from my previous employer? Do I need to file anything with the INS?

3) What kind of deadlines do I have to find a new job?

4) Will termination affect approval of the GC application? Can the old employer "revoke" its petition?

thanks..
 
Can someone help me with the right answer?

I was terminated today from employment.. not a lay off..

My GC application (485) is pending close to 2 years now..

I have valid EAD's.

1) As my GC application has been pending close to 2 years now, I understand that this allows me to look for other jobs using my EAD. Can someone confirm?

Yes, you can use AC21 and join in another job before you get an RFE.
Search for AC21 in the forums or look into AC21 subforum

2) What kind of supporting documentation would my new employer need? What kind of documentation do I need from my previous employer? Do I need to file anything with the INS?

Your new employer should offer you similer position as in your LC. And they should be able to give a letter stating that they offer you a full time/permanent position. More info in AC21 related threads.

3) What kind of deadlines do I have to find a new job?
Find one before you get an RFE.

4) Will termination affect approval of the GC application? Can the old employer "revoke" its petition?

No, as long as you find another similer job. No, after 180 days he cannot revoke, but if he informs INS about termination INS may send an RFE to you so its better you find a job ASAP.

thanks
 
Can I file for unemployment benefits?

Will claiming unemplyment benefits from the state affect the GC process (485 still pending) or citizenship in any way?
 
seattledude said:
Will claiming unemplyment benefits from the state affect the GC process (485 still pending) or citizenship in any way?
Click to expand...

Claiming unemployment benefits doesn't affect your status either now or later but remaining unemployed for a long time does affect your 485 approval. You need to be working in the same profession for which your Labor certification was obtained.
 
Can I take on contract jobs?

Can I take on contract jobs with my new employer?

Also, can someone summarize the format and wording of the documentation that needs to be sent to the INS, ie proof of intent and proof of employment in similar job occupation?

My new "prospective" employer also wants to know if there is additional money / fees involved in any of the above paperwork till my GC is approved.. any ideas?
 
Will the RFE be sent to me, or my previous employer?

Will the RFE be sent to me, or my previous employer? Also, please answer my previous questions..
 
seattledude said:
Will claiming unemplyment benefits from the state affect the GC process (485 still pending) or citizenship in any way?
Click to expand...

Claiming the unemployment benefits could affect your GC process. You may have to prove that you would not become public charge one they grant you GC. Better to avoid until you get your job
 
seattledude said:
Can I take on contract jobs with my new employer?

Also, can someone summarize the format and wording of the documentation that needs to be sent to the INS, ie proof of intent and proof of employment in similar job occupation?

My new "prospective" employer also wants to know if there is additional money / fees involved in any of the above paperwork till my GC is approved.. any ideas?
Click to expand...

You can take contract job with EAD legally. But the trouble would be at the time of the I-485 approval, if you get a RFE, you should have a bonafide job offer with some employer with same or similar job position as that of your original LC. In case of direct contract job, the "ability to pay" question could rise, and you may find harder to prove that part of the case.

The new employer may draft with your lawyer a letter stating the AC21 rule and explaining the similarity with the old and new job, and would be better if he can state that both jobs are same DOT code,etc.
 
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