I-485 applied > 180 days, possibility of lay off and no job in sight?????

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prasad1234

New Member
Hi All:

I think with the AC-21 regulations, it is clear that after 180 days are over, we can switch job in the same field. But what if the company lays off a person and the person can not find a job in the same field? Is there any rule that says that we have to find a job after certain no. of days after a person is laid off? I mean to ask, what is the rule for a continued employment if the company sponsering your GC lays off after 180 days and you are unemployed for about two months (example). Is this case considered a legal status or otherwise.

I have searched the archive about this and there is no definitive answer for this. Maybe Rajiv can answer this question?

My details are:

EB-2
VSC. EAC-01-xxxxxx
I-485 ND: 12/2000
I-485 FP: 04/2001
EAD valid until 03/2002
 
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It is my understanding that you will have to get the job with in same category. There are no provison for changing category
 
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What if it takes about two month or so to find a job of the same category after being laid off? I485 process will still remain valid or not? Please give your comments on it.
 
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Main point is what happens if i do not get a job in the same category for say 3 months? and i am unemployed for that durations? Am i in legal status in US?
 
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I agree with P_O. In present market condition it won\'t be a surprise to get a job for few months.
 
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As per the current law if the employer terminates the employment while you are working with him on H1 or Adjustment of status stage he will have to pay for your transportation expense to fly back to your country and also he is responsible for notifying the INS about the same, however if you quit employment after 180 days of filing I-485 then you have to inform the INS about your intention to do so. If INS comes to know that you are terminated from your current job and you don\'t have the job in the similar occupation then you may get into trouble. Legally you are out of status in that case. You might need to take advantage of 245 bill that was recently passed by the congress for accomodating out of status individuals. In that case your new employer has to sponsor you and you will pay $1000 penalty for going out of status.

It would be worthwhile to pay hefty fee to a good attorney for this type of consultation.
Good Luck !
 
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Well !
As per the current INS attitude, they don\'t want you to look for the job. Instead it is expected that the jobs are coming to you because there are no American workers available for the required skills set. Few years back they used to give you 30 days grace period after termination on H-1, now it is only 10 days to pack up the baggage and book the ticket. I don\'t think it is possible for a non-resident alien to remain in status without holding a job.
Any comments welcome.
 
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ma786 !
If the status is secured then what will happen when INS issues the RFE for verification of employment? In that case if you can\'t produce verification or if there is any discontinuity in the employment then obviously I-485 will be denied. In my RFE they asked me for past 2 years of pay stubs in order to establish the continuity. If I failed to present that I would have gone out of status.
 
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I also have the same question. There are more than 20 job types under O*NET classification for computer related jobs. Can\'t we get a job within that range. This range has a job type for even Project Management positions. Is it not OK if we stay within the same job classification if not the same job type. I am assuming we can. I am trying to get more clarification from an attorney. What is the opinion of you guys..
 
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I think ma786 is correct in his explaination but right now getting a job is really difficult and we all should get some solid clarification on this issue.

Can Rajiv or someone answer to this query?
 
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The criteria for similar job classification is pretty loosely defined it covers a broad range of jobs within the computer jobs field.
 
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There is no hard rule for anything. Everything depends on the officer. Like in the case of Agrawak, if you are produce 2 yrs of paystubs, Are u ok even if you were out of status before that?
But my understanding is that there is no out of status in AOS. When P_O\'s 485 is ready to be approved, INS MAY ask for the proof of job offer incase of change of jobs after 180 days.

I think, P_O is ok at this moment, try to get job similar to the listings in O*Net as soon as possible.

For anything, consult ur attorney.
 
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Dear JJ,

That is really scary that they ask for 2 years of pay stubs. How about if only half are available. Do you think it would be a problem? I got off a project in May and I am not been paid by my company as they do not have bench pay policy. This type of market, I don\'t expect to find the job soon and God knows when I can get that? I have some paychecks and I can arrange couple of paychecks which I have not taken from my employer thinking that I could use it if some rfe comes in. My ND is Jan 2001 and still a long way to go before I hear anything from INS. I understand that if you change job it has to be in same category? Do you know it has to have a same pay structure and same Metropolitan area constraints?
Any comments/suggestions. What if I move to a different Metropolitan area but under VSC only, Will that make a difference Moreover Is getting equal salary a requirement for AC-21 to be effective.
 
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Hello P_O. I was in the same situation as you are (or you will be). Since you have an EAD, you are NOT out of status. Since you have already completed 180 days you are safe too. The BIG question is what if you don\'t get a job. It has been the practice of VSC to ask for an employment letter before approving I485. Now, since the processing is going on very fast, they need not ask for one (In my case they did not ask for an employment letter. If they had I would be back in India). You will be in trouble only if VSC asks for an employment letter. Otherwise you don\'t have to worry at all.
 
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Dear GA99 !
First of all It is a violation of law to pay less salary to an employee than what has been mentioned in i-485 application. No matter whether an employee is on the bench or engaged with a client. If INS comes to know about it, you may be in big trouble.

There are no same pay structure or Metropolitan Area constraints for the new job but the INS clarifies that the information on salary is necessary in order to determine whether the I-485 applicant is admissible under the public charge provisions. A person who fails to meet the public charge provisions could be inadmissible under
law. The June 2001 INS Guidance also refers to the U.S. Department of
Labor\'s Dictionary of Occupational Titles (DOT) or on-line O*NET
Classification System or similar publications.
 
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