gap in employment???

[SBH]

I have an EAD and my I-140 has been approved a long time back. My RD for I-485 is Oct, 2002. My current company is being acquired by another company and my employment with the current company will end in mid october. My question is

1) If I take employment with a company which does not fall under TSC, will that delay the process. Do they actually transfer the case to the new service center.

2). If there is a gap of, say 1 month, in my employment, is my I-485 petition going to be denied.

Would really appreciate any input.

 

[eltoro]

1) If I take employment with a company which does not fall under TSC, will that delay the process. Do they actually transfer the case to the new service center.

Usually not. My company got acquired by a company in Chicago area (which would fall under Nebraska SC I believe), but my case stayed with TSC. Moreover, the new company (a result of a merger) will be a "successor in interest" to your original I-140 petitioner, thus rendering AC21 filing unnecessary.

2). If there is a gap of, say 1 month, in my employment, is my I-485 petition going to be denied.

That should not affect your I-485 provided you can get the new employment in time for your RFE (and that is a worst case scenario, I believe). You need to be employed at the same or similar job (as filed in the LCA) at the time the RFE is responded to. But the RFE needs to be responded within 12 weeks, so a month gap should not matter.

Anyway, seek legal advice, if possible.

 

[SBH]

Thanks eltor.

Need One clarification though.

I am not going to work with the acquiring company since I have not been offered a job. I will have to find a new employer. That is why I talked about the gap in employement.