How can I get one year off while waiting for GC?

K

kminer

Registered Users (C)
I'm Romanian, EB-3, PD 2007-Jun, I-485 sponsored by my employer and received by USCIS 2007-Sep. Also have Labor Certification and I-140 approved, and valid EAD expiring 2010-Jul.

I would like to take one year off work, while residing in the US (without employment, or self-employed as a consultant). Is this possible? If so, how can I do it?

Thank you very much.
 
The pending I-485 will allow you to stay in the US without working, as there is no obligation to work for the employer before the green card is approved. And the EAD will allow you to be self-employed (but it is difficult to use the self-employment for AC21 portability). Your issue is whether you can get the employer to agree to give you a one year unpaid leave of absence, while having the employer also keeping your green card process alive during that year.
 
So I'm still tied to the employer

I've researched my employer's policy on long-term unpaid leaves, and there is no guarantee of employment after the leave.

So am I still tied to the employer? Are there alternatives?

I really want to take something like 6 months - 1 year off work (software eng.), solve some personal matters, then go back to school, pursuing a Master's degree in biotech.
 
kminer said:
So am I still tied to the employer? Are there alternatives?
Click to expand...
For an EB3 green card process, you are tied to an employer at least until your green card is approved ... either the original employer who filed the I-140, or another employer offering a "same or similar" job. USCIS doesn't force you to work for the employer while the I-485 is pending, but in practice most employers will make you work for them while it is pending. If you take that leave of absence and the employer decides to get rid of you, you'll need to find another "same or similar" job or job offer to keep your I-485 alive.
 
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