For Chicken65... EAD/AC21 employment change... lost job after 180 days scenario

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chimanlal

Registered Users (C)
Chicken.. I read your posting on thread started by Magesh..

A couple of questions....

1. For how long were you unemployed?

2. Do you need to be employed all along the 485 process? or is it that you should have a similar/same job at the time of approval?

3. Did you get any legal opinion about this situation?

4. If one gets an RFE, he/she may not be able to provide all the paystubs, but would the paystubs of the current employment and the ones from past suffice? Ofcourse, there is a period between the 2 jobs where there has been no employment/paystubs.

Thanx.
 
1. I was unemployed for five weeks. (Whatever you do, don't file
unemployment!)

2. While the 485 case is pending, your status here is valid.
The following is a mantra on this forum, and it's true:
GC is approved for a future job. Yes, you do need to find a new
job so that you're working just in case you get an RFE.
(Plan on worst, hope for best case scenario)

So you do need to find a job as soon as you can, but there's
no "you must find a job in less than 30 days" rule after 485 is filed.

3. I spoke (many times) to my former company's lawyer. She just
stressed I had to find another job in similar field with same job title
as per the labor certification.

4. Don't worry about gaps in paystubs. Remember, GC is going
forward. INS just wants to see evidence that you have been
working in the past. I had gaps in my paystub history (I threw
some months away - don't ask!). In all my time here, I have
never seen a case denied because they were missing some
paystubs.
What the INS is looking when it comes to paystubs/tax returns
is that you're legitimate. That you pay taxes / have (fairly) regular
income means you are employable/have a job.

Had I got an RFE, I was going to submit my new paystubs (three)
and my last stub from previous job. That's it. Don't worry about
these things. Trust me. Just concentrate on finding a new job. (There's
quite a few jobs down here in Texas.)

Good luck. Keep a level head and you'll pull it out.
 
Thanx Dude...

It is a sigh of relief to hear this. I was concerned about the gap.. been 3 months... but finally found a job starting next week, quite similar but at a different location.

about the title.. I aint so sure..

LC was filed as Data Processing Programmer/Analyst and the new job is IT Systems Analyst. I don't think this would make a lot of difference.

I am going to take a job at a higher position.. now aren't I?
 
Congrats on new job!

Again, your concerns are understandable but needless in this case.
IIO's use a standard dictionary for these job descriptions (OE something or other.)
You have a great case that your job titles are pretty much synonymous.

So, you got a promotion! That too is not a problem. That's part of what
the AC/21 provisions are for - so you don't have to pigeonholed in one
position for duration of AOS. To satisfy yourself, as I would want to do,
go to www.murthy.com and look at her AC/21 FAQs. This will set your
mind at ease. She illustrates what is a reasonable job move.

If you really are worried and you need the reassurance, in the event of
an RFE, just ask the personnel dept to add the word "programmer"
on your letter of employment so it reads "IT Systems Analyst/Programmer".
It's no skin off your company's nose! IIOs play buzzword bingo!!

Congrats again. Dig in your heels, keep busy and you'll be approved
before you can say Bees Knees Now!
 
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