getting laid off! Please advice!

D

deshipublic

Member
My situation:

I-485 pending. on 2nd EAD

My question:

1. Once laid off, how much time do I have to find another job, meaning how long can I be unemployed on EAD

2. When its time for EAD renewal, do I have to have a job then? Or I can be unemployed on an EAD and apply for extension.

3. My wife is also working on EAD, thru me ( I'm the primary applicant). Will she also lose her job meaning will her EAD also be invalid if I lose my job?

Thanks.
 
From murthy chat:

Chat User : Six months since I-485. Laid off with no job. Can I leave the country and return using AP?

Attorney Murthy : Legally, one should be paroled back into the U.S. on an AP based on a pending I-485. Of course, the BCBP Inspector at the airport may inquire as to future job and sponsoring employer, though it is unlikely since the GC was always supposed to be for a future job offer upon obtaining the GC, and not during the processing of the case.
 
Originally posted by hmcis
1. Once laid off, how much time do I have to find another job, meaning how long can I be unemployed on EAD
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As long as you want. Just make sure that you have an offer of future employment at ajudication.

B2. When its time for EAD renewal, do I have to have a job then? Or I can be unemployed on an EAD and apply for extension.
Click to expand...

You can renew your EAD with or without a job.

3. My wife is also working on EAD, thru me ( I'm the primary applicant). Will she also lose her job meaning will her EAD also be invalid if I lose my job?
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No, why would she? So long as her I-485 remains pending, she'll be OK (however, if yours gets denied hers will too). Being an adjustee is a different world than non-immigrant status, where your job equals your status.
 
agree with realcanadian

i am assuming if you are adjudicated without any employment based rfe, then nobody will know that you don't have employment. I knew of some software consultants in my old company who got laid off during AOS stage, were unemployed for over 6 mos and got adjudicated nonetheless even while they were unemployed because there were no employment based queries.

But as realcanadian said, to be on the safe side, make sure that when it is approx time for your adjudication, you have a job that's alligned with your labor approval notice.
 
Re: agree with realcanadian

Originally posted by deputydawg
I knew of some software consultants in my old company who got laid off during AOS stage, were unemployed for over 6 mos and got adjudicated nonetheless even while they were unemployed because there were no employment based queries.
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Just as a warning - this may come back to bite them when they apply for naturalization or to get a replacement GC after 10 years. At that point BCIS will be curious to know how long they stayed with their employer after GC approval. I don't know what the odds are after the 10 year GC expiration, but they will CERTAINLY come up when going for citizenship.
 
I have heard a lot of people in this forum warn against changing employers or in this case, remaining unemployed during adjudication because it'll come back to haunt them during citizenship cases.

I have spoken to several people in my community who have recently been naturalized and none have been asked anything regarding any employment history. In fact i even check with my own attorney as well as my compnay's immigration attorney about possible reprisals 5 years down the road if one changes jobs 3 mos - 6 mos after receiving GC. Neither attorney has heard of any backlash from the BCIS point of view.
 
No consequences

Neither attorney has heard of any backlash from the BCIS point of view.
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Deputydawg: In a hypothetical case, say an IT Professional, after getting his GC enters into a monastery and becomes a monk. Would this be construed to be made with malafide intentions, when the monk-turned IT professional appears for citizenship interview 10 years down the line? Point is, will there not be a backlash, even if the guy changes his entire domain after getting his GC? Just curious to know.
 
good example

I like your scenario. I only started investigating this matter because I am currently interviewing for a position in my line of work with a Fortune 100 company. If I am made an offer and I accept with my current employer's blessings, would it matter to the INS that I quit so soon after getting my GC, how would they find out and how would they penalize if at all.

The 2 attorneys as well as folks who have gone through the naturalization process said that this is not a topic that came up during their citizenship tests/ interview. The officers weren't concerned whether you changed jobs, went back to school, joined a monastery or opened your own company.

I have chatted with several folks in this forum who seems to think INS is keeping an eye on us or that this is a common question during citizenship case review. I am curious when people who have actually gone through the process are saying that the topic did not come up where one has to explain their actions after their GC approval.
 
one more thing.....

My attorney did mention just for arguments sake, if i am to be investigated, I need to prove that my GC application was not to defraud the govt or my employer. In my case, it's easily provable because the new job opportunity is a once in a lifetime position for me which may not be there 1-2 years down the road and I have my employers blessing. So if given an offer, it would be foolish of me to pass it on, especially if it's in the same field

To use your example, maybe you had a vision that made you realize your life is worthless as a IT professional and you need to atone for your sins. Hence your move to become a monk. You see where I'm going with this.......if your reasons are legitimate and your intentions are sincere, then it's not difficult to explain your actions.
 
splendiferous explanation

deputydawg:

Your explanation was a sockdolager. You had really answered the crux of my question. So the crux is that, there should be no malafide intentions on your part, either to deceive the employer or the Government. Rest, as you said, be it an atonement or enjoyment over a Cloud-Nine offer with a Fortune 100 company should be fine, I guess.
 
what happens when someone is laid-off and there is an RFE on I-485 for the emplyment and pay-stuff.
 
that someone has to show both. (ie) he is currently employed(emp letter) and pay stubs for that so months as asked for.

In my opinion, that would be the most unfortunate situation that anybody can be under, I mean when someone is few weeks(presumably) away from the GC approval, yet he needs to get a job to save/preserve his chances of getting GC
 
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