- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
How long can you stay jobless on EAD?
- Thread starter Suresh T
- Start date
Tricky question
This is my own opinion, and I am not pretending to know all the details.
EAD doesn\'t confer any immigration status, so just by having it doesn\'t mean you can stay in the US.
Advanced parole can be used to stay while waiting for the adjudication. I don\'t think it applies to being out of job, but is meant to be used in conjunction with EAD and a job.
Now, AC21 seem to apply to people changing jobs while waiting for adjudication, but not to people who is out of job. The way the law is now seems to indicate that out of job is out of luck unless you find a new job quickly.
It seems that INS is mostly looking the other way, so people are having the chance of looking for other jobs.
The main question is when you get an RFE related to your work situation and you don\'t have such.
I am not suggesting anyone to do anything against the law, just writing about the experiences other people have shared with this board and some media articles. Please check with a good immigration lawyer.
My 2 cents
This is my own opinion, and I am not pretending to know all the details.
EAD doesn\'t confer any immigration status, so just by having it doesn\'t mean you can stay in the US.
Advanced parole can be used to stay while waiting for the adjudication. I don\'t think it applies to being out of job, but is meant to be used in conjunction with EAD and a job.
Now, AC21 seem to apply to people changing jobs while waiting for adjudication, but not to people who is out of job. The way the law is now seems to indicate that out of job is out of luck unless you find a new job quickly.
It seems that INS is mostly looking the other way, so people are having the chance of looking for other jobs.
The main question is when you get an RFE related to your work situation and you don\'t have such.
I am not suggesting anyone to do anything against the law, just writing about the experiences other people have shared with this board and some media articles. Please check with a good immigration lawyer.
My 2 cents
what can happen
u can get approved - u r home free
u can get rfe - u would have 90 days to reply
u can get interview - u would have some time before u get the actual notice and hence - have 1 month before interview
Bottom line - It is best to find job soon but if u are not able to find job then at least when u get rfe or get interview call then somehow or other u have to get job
u can get approved - u r home free
u can get rfe - u would have 90 days to reply
u can get interview - u would have some time before u get the actual notice and hence - have 1 month before interview
Bottom line - It is best to find job soon but if u are not able to find job then at least when u get rfe or get interview call then somehow or other u have to get job
goldengate
Registered Users (C)
Quoting earlier post
Bongo (a frequent visitor to this forum till Jan.) posted this way back in Nov.
Bongo "Bongo Finally Got Through to an IIO, thank God" 11/12/01 1:11pm
What can you do if you get approved between jobs? That is what people referred to in the above post did, but INS told them to leave it alone.
Once you are approved, the only ways it can be revoked is if they detect fradulent info about your case later. Also there is the "reasonable" period clause. Combining this with the 180 day rule, the safest option would be to continue working with the same job description for a "reasonable" (1 year?) period.
If and when you apply for citizenship, you may have to provide proof of having been in status throughout your stay. But once you file 485 you are in status even if you are out of a job. So that should not be a problem.
GC renewal (after 10 years) is just a card renewal process, there is no adjudication involved there.
Bongo (a frequent visitor to this forum till Jan.) posted this way back in Nov.
Bongo "Bongo Finally Got Through to an IIO, thank God" 11/12/01 1:11pm
What can you do if you get approved between jobs? That is what people referred to in the above post did, but INS told them to leave it alone.
Once you are approved, the only ways it can be revoked is if they detect fradulent info about your case later. Also there is the "reasonable" period clause. Combining this with the 180 day rule, the safest option would be to continue working with the same job description for a "reasonable" (1 year?) period.
If and when you apply for citizenship, you may have to provide proof of having been in status throughout your stay. But once you file 485 you are in status even if you are out of a job. So that should not be a problem.
GC renewal (after 10 years) is just a card renewal process, there is no adjudication involved there.
But what can you do if you get laid off after 180 days and...
you are searching for another job. and these days it is taking several months to find another one. i know there are rules but there are practical limitations that we live with. those who have been laid off don\'t want to stay jobless but an offer has to come through..right?? what can we possibly do more...
you are searching for another job. and these days it is taking several months to find another one. i know there are rules but there are practical limitations that we live with. those who have been laid off don\'t want to stay jobless but an offer has to come through..right?? what can we possibly do more...