Is it allowed to STOP temporarily working for the employer when I-485 is processing?

B

bab123

New Member
Hello
Is it possible that the employee can stop temporarily(without pay) working when the I-485 application is processing and later join the same employer?
This is the case when the employee's I-485/EAD was applied the employee was close to acruing the 180 days out-of-status! So he stopped working once after filing; but joined the same employer after 1 month when his EAD is approved.
Will this gap in employment(probably 15 days to 1 month gap) affect the I-485 processing?
thanks in advance.
 
If there is an RFE(or a similar challenge from the uscis) in the future to prove that I did not work after the 180 days, What kind of documents(like I-9, employer quartely payroll, employer letter, self affidavit) will be helpful?

In other words How in the world the uscis could verify a person's employment background whether he worked for any company or not..my guess is they could use the IRS or local state tax lookup.. Since I did not get the pay for that month so no taxes..the situation will favor me..but will they enquire the DOL or anyother way?
 
As long as the employer doesn't revoke the I-140, you can stop working as long as you want while the I-485 is pending. Stop worrying about it!
 
thanks for the time..actually I have received an RFE asking us to submit whether I have maintained the valid non-immigrant status. So the days I did not work to avoid the 180 days surpass limit is what I am wondering about. Can anyone pl. help with these simple questions:
- Is it valid to stop working after the 180 days..and rejoin the same employer once the EAD is approved?
- If yes then what documents should I present to the uscis to prove that I did not pass the 180 days limit
 
bab123 said:
thanks for the time..actually I have received an RFE asking us to submit whether I have maintained the valid non-immigrant status. So the days I did not work to avoid the 180 days surpass limit is what I am wondering about.
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So your problem is that you were already out of status when the I-485 was filed? That is a different issue than if you stop working when the I-485 is pending.

If they're sending an RFE about nonimmigrant status, it's that they're concerned about what your status (or lack thereof) was when you filed the I-485; it's not about whether you worked or not after filing the I-485, because after filing the I-485 you're not required to maintain nonimmigrant status.

What caused you to go out of status? Your H1B expired and you didn't apply to extend it?
 
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