Gurus !! Ghee, Pork Chop et al

M

muract

Registered Users (C)
Hi,
Wondering what is the status of I-485 if you lose your job and have received an RFE (employment verification)from INS/BCIS and you have not found a new job yet. There is a remote possibility this summer - July or so of that happening. My RD / ND at NSC is 02/19/2002 and 03/11/2002 respectively. Judging by the current pace of approvals looks like July/ August 2003 is the earliest when my case may be looked at.

I am just trying to make sure I am prepared for the worst case scenario and do not jeopardize my I-485. Also what is the criteria of "similar" occupation if I had to invoke AC-21. Are there any rules which could help one figure out that a potential new job does not violate AC-21. Would appreciate any serious suggestions.

Thanks
 
Best option is to stick to your current job by any means. If it seems obvious that you are going to loose your current job better keep searching for a prospective job. In case you get an RFE for employment, it's better to have a prospective employment than having none. Without a current or prospective employment it would be extremely difficult to get a positive result on RFE for employment since time for response to an RFE may not be extended beyond the usual three month time INS mention on the RFE letter.
Hope everything goes well with your case.

Good Luck!
 
thanks ColOhio

Colohio,
Thanks for your reply. good to know the time limit for replying to a RFE letter.
 
muract, I was laid off last fall after 180

days file pending and am working full time but not on a permanent job. still trying to find permanent. The thing about AC21 is, I think it looks for permanent (similar duties and salary/benefits even benefits are not included on the labor certificate). It is very vague but as long as you have similar duties you should be ok.
 
criteria for "similar" employment for AC-21

the operative parameters here are are those which were used to define your job for labor certification that forms the basis of your employment-based immigration petition (i140) and subsequent adjustment application (i485). therefore, the job description and nature of duties of your new job much exactly, or as close as possible, those of your current job as set forth in the LC.

hope this helps... good luck!
 
Thanks Ghee & Pork Chop

Thanks for your opinions. I need to look at my case a little closer - underlying LC, I-140 etc to see where I stand. I am not sure if I have all the required documentation with me at this time.

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