gap between lay off and next employment

S

scorpd

Registered Users (C)
Gurus,

Is it acceptable to have a gap between layoff and the next employment, say 2 to three months, during the adjudication process of I-485 - employment based petition? The layoff happened after 180 days from the ND of I-485. Also, how should one justify this gap during an interview session? For info sake, the applicant was never a public charge during his layoff period.
 
I think it should be okay. As always ur lawyer is the best person to answer this question.
 
My 2 cents....
Ideally you should always have a sponsor for your employment based 485 and hence if you are not employed your 485 becomes void since you don't have a sponsor. However I can't recollect instances where someone has run into a problem because of this.

At the time of interview or when responding to an RFE you need to be employed. However if INS wants your last say 12 months pay stubs and say you were not employed for a couple of months during that 12 month duration, I am not sure how INS will handle this.
 
Originally posted by needgc123
My 2 cents....
if INS wants your last say 12 months pay stubs and say you were not employed for a couple of months during that 12 month duration, I am not sure how INS will handle this.
Click to expand...

Last 12 months???? do you know if someone got a RFE for 12 months pay stubs ? or was asked during an interview ?
 
Originally posted by needgc123
However if INS wants your last say 12 months pay stubs and say you were not employed for a couple of months during that 12 month duration, I am not sure how INS will handle this.
Click to expand...

One may not work at all for petitioner or for any other company before receiving green card.
 
Not working

First of all, not all applications are employer-sponsored. Mine is self-petitioned NIW, so I do not have to worrry about working or not working for my "sponsor". On a separate note, they never ask for 12months paystubs - it's usually last 3-4 paystubs.

My guess is when you get your RFE, they will ask for your employer's letter, and when you give them a letter from a different company, they should logically ask you when did you switch jobs. So, it might or might not become an issue.

Thnks,
L.
 
Re: Not working

Originally posted by lusiks
My guess is when you get your RFE, they will ask for your employer's letter, and when you give them a letter from a different company, they should logically ask you when did you switch jobs. So, it might or might not become an issue.
Click to expand...

Why do you think USCIS will care when someone changed job?
 
"Intent" is a very powerful word, with a lot of implications as far as INS is concerned.
 
Shouldn't be any problem whatsoever.

After 180 days all bets are off. It is only that at time of RFE, you should be able to supply all answers to the RFE. No one to my knowledge asks more than past 6 paystubs. They might ask for W2's but nothing will come of it. Offcourse the proviso is that the applicant has not become public charge.
 
Originally posted by Tasse
One may not work at all for petitioner or for any other company before receiving green card.
Click to expand...

Is this even possible for employment based 485s??? I was only referring to those.
 
Originally posted by 140_takes_4ever
Shouldn't be any problem whatsoever.

After 180 days all bets are off. It is only that at time of RFE, you should be able to supply all answers to the RFE. No one to my knowledge asks more than past 6 paystubs. They might ask for W2's but nothing will come of it. Offcourse the proviso is that the applicant has not become public charge.
Click to expand...


Say you were out of job for 3 months, then find a job, work for a month after which you get a RFE asking for 3 past pay stubs, what would you do? How will you manage to get the pay stubs for the 2 months prior to joining the new employer.Won't this be a problem if your 485 is employment based?
 
Paystubs are biweekly not monthly, so you should be having 2 paystubs.

But I understand what you are trying to say, usually INS RFE's for 6 paystubs not 3. And all RFE's have a time duration of 90 days to reply. So what you do is wait till the last minute by which time you should be having 6 paystubs, after which you send a reply to the RFE.

In case of situations where you cannot gather 6 paystubs, it is still not a problem. The GC is for future employment not current. Like I said before after 180 days of 485 application, all bets are off. So even if you don't have 6 paystubs, but are gainfully employed then you should send as many paystubs as you have along with an EVL.
 
As for 3 past paystabs. One is the need to demonstrate the intent to work for the petitioner. The paystabs will aid an adjudicator in making a sound determination regarding the intent of the beneficiary and the petitioner.

The other issue is the petitioner’s ability to pay the proffered wage. The petitioner must demonstrate the ability to pay at the time the priority date is established, and continuing up to the time that the beneficiary obtains lawful permanent residence. If the Service determines that verifiable information is required to meet this requirement, it is appropriate for a request for evidence to be made. If the beneficiary is employed by the petitioner, the evidence outlined above will aid in the adjudication process and lead to informed and legally sound decisions.
 
Found this on murthy.com on one of the chat session transcripts:

------------------------------------------------------------------------------
Question : I filed my I-485 in Vermont in February 2002. I got laid off during March 2003. If I don"t find a job and receive an RFP, what will happen, or what do I have to do? Thanks in advance for your service.
Answer : Since the I-485 has been pending and remains un-adjudicated for over 180 days, it appears that you preliminarily satisfy the first requirement for AC21 portability. Of course, a person is required to obtain a job offer, and the law requires that the job be in the "same or similar" job occupational classification to enjoy portability. So, if you don"t find a job at all, then it will pose a problem, since the only reason the government is granting permanent resident status is the ability to work for an employer and in an occupation that is deemed to be in short supply. In the worst case scenario, should you really not find any other job, the BCIS will have to deny the I-485 after they provide you with an opportunity to respond to an RFE. In the best case scenario, you will find the same or similar job with a higher salary than originally stated in the labor certification and obtain your I-485 approval. Think positive!

---------------------------------------------------------------------------
 
You must log in or register to reply here.
Top