Gap between leaving the old company and joining the new company

W

waitingformyGC

Registered Users (C)
suppose one is laid off before 180 days (after I485 filing), but I140 is approved. He needs to locate a new job after 180 days.

How long can the gap be? Isn't he out of status during the gap? Will that cause any issues?
 
Ideally according to AC21 if you case is not approved in 180 days then you can switch employment in similar job.

But there are so many loop holes, depend upon your lawyer's intrepration you need to take action.

Some lawyer interpret your case is not going to approve in 180 days so you can switch job anytime (because usually I-485 approve in year and half so we can safely assume your case won't approve in 180 days / 6 months)

some other lawyer belive, as long as you don't receive REF, which won't happen in first 180 days so you don't need to find job right way you can wait 6 months to finish and then find/ start job and when and if you get REF send current emolyment letter with some recent pay stub, and you should be fine.

So any way if you get laid off before 180 days you are not ideal situation, so take calculating risk by consulting lawyer. may be some miracal happen and you won't get REF at all. but in worst case anything could happen if you get interview in local office.

I hope this help.

JB
 
Seems like waiting and trying to find a similar job ASAP is the only option.

But legally, is the current period considered "out of status"?
 
Originally posted by waitingformyGC

But legally, is the current period considered "out of status"?
Click to expand...

Legally once you used EAD (After your I-140 petion for immigration approved) you will be consider as adjustee as legal status as you are transition between your h1/f1/etc non immigrant visa to green card as immigrant visa. but that's provided you have future job as stated in green card is there. with Ac21 implemntation it would be easier to have any similar job by end of the process, so whole status is depend on if you have job by end of the process or not, or if you have job at the time you receiced REF.

I hope this help

JB



 
how do we select good lawyer

hi!

How can it depend on attorney interpretation? How does it matter who is lawyer??

pl. suggest

-Rama
 
IT's same like why you need good lawyer for everything else.

If the attorny is good enough they can convice INS for that argument, that job done.

I don't think you can teach lawyer which interpration is better, but if lawyer is creative and read between line, it makes lots of difference.

Thanks,

JB
 
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