Jim Mills - Your expert opinion is needed

C

chiman

Registered Users (C)
Jim,
A couple of questions for you... if you could please clarify. Here is the situation. A person has filed I-485. He/She has received his/her EAD, AP and the FP is done as well. It\'s 180 days past the receipt date and notice date. If you could answer the following...

1. In the event that the person gets laid off before 485 approval, how many days or how much time does he/she have to find another job?

2. Can that person claim unemployment benefits?

3. What are the implications if a person gets an RFE or Interview call? What does he/she have to provide there?

4. What if he/she is unable to find a job at the time of RFE or Interview call?

I would really appreciate if you can answer the above.

Thanks
 
I am not Jim Mills but I will try....

1. In the event that the person gets laid off before 485 approval, how many days or how much time does he/she have to find another job?
A. ASAP - there is no guideline as such.

2. Can that person claim unemployment benefits?
A. NO - the person is still not a Permanent Resident

3. What are the implications if a person gets an RFE or Interview call? What does he/she have to provide there?
A. The person would have to provide:
(i) A new job offer of current employment in the same or similar field as outlined on the Labor application of the company that filed for Labor, 140, 485 etc.
(ii) Most recent pay stubs
(iii) Possibly, a letter stating your intent to invoke AC-21

4. What if he/she is unable to find a job at the time of RFE or Interview call?
A. I do not know, sorry !!

Hope this helps somewhat, good luck ....
I would really appreciate if you can answer the above.

Thanks
 
Partially Incorrect

1) There is no requirement that you be employed at any time during the I-485 process. However, you must be employed in a similar occupation when it is approved, so you should find another job ASAP.

2) So long as you are eligible to work in a job (EAD) and in the country legally, you can collect UI. You do not need a GC to get UI.

3 is correct.

4. If you have no Job offer at RFE time, your I-485 will be DENIED.
 
Partially Correct

Canadian, here is my 2 cents on Unemployment benefits. In many states, someone can claim the benefits even he/she is not a PR. However, practically, since almost certain that the state will submit the name of the applicant to the INS, it will trigue RFE or other questioning from INS. So it is a difficult call.
 
Yes, but

Look - if you didn\'t have a job at the time of the Green Card it will come back to haunt you, either now or later. You might as well take the $1000/month or whatever it is and help yourself out. Just my thoughts.
 
can someone tell me the YAHOO GROUP name for 180 days or AC21 issues.

Hi guys,
I saw once there was a yahoo group to discuss about the complications and experiences of the people who took advantage of AC-21 etc., It has lot of info. about AC-21.

Could you please post the link here.
 
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