Jim!! VSC RD 10/31/01, FMLA (unpaid LOA)/vacation(paid) from GC sponsor. Can I take up full time job

H

Hum Dono

New Member
Jim and others, please help!!
Details are:

VSC 485
-RD 10/31/2001
-ND 12/04/2001
-EAD Yes
-Active employee of GC sponsor till 01/26/2002.
-FMLA(unpaid LOA) from 01/29/02 to 02/28/02. FMLA is a unpaid leave for family reasons. This is as per federal regulations.
-Vacation (fully paid personal days) from 03/01/02 to 03/31/02.
-FMLA(unpaid LOA) from 04/01/02 to 05/19/02.
-Back on rolls of GC sponsor from 05/20/02.

NOW CAN I TAKE UP FULL TIME (W2) CONTRACT JOB FROM SAY 03/11/02 TO 05/19/02 WITH SOME OTHER COMPANY?

Thanks for your inputs in advance.
 
No Title

I believe that you need to have a valid reason for LOA. Where can I find any info on that. I have been on LOA since Sept 01,2001. With times like these finding a project is really hard and my employer cannot pay me full salary. Please advice if this will adversely affect my GC any way later. I am waiting for my I140 approval right now.
 
From Rajiv

Leila asked me to respond. So here goes folks:

Qo. My employment based I-485 is currently pending through employer A. Can I take a few months off and go work for employer B?

Ans. Theoretically –yes, but practically it may not be a good idea.

A green card is based upon a job that is in the future. You must join it (unless you are taking advantage of 485 portability) upon receiving approval of the green card. What you do before approval of the green card should not be of concern to INS.

As a practical matter, INS would question this arrangement where you are taking off for a few months from the sponsoring employer. INS could doubt that employer A may not longer have a job open for you.

Regards to all of you. Rajiv.
 
Need further more clarification Rajiv, thanks in advance.

When the GC sponcering company can not find project / can not pay then is it not illigal for a company to have someone on payrole or as an employee but not being paid?
In this case can the candidate inform INS ( Or any other appropriate government agency ) and get the rights?

If sponcering company lays off before I485 approval ( b/f 180 days or even after )because of companies failure to find job for the candidate can not candidate find another simillar job to sustain ?
 
I-485 Stamp

Can I get my GC stamped on on my Canadian passport when I applied on Pakistani? At the time when I applied for I-485, I did not have my canadian Passport ready, but now I have it.
 
I-140 approval

I\'ve just received I-140 Approval Notice (From 797) from INS. It says the petition has been forwarded to National Visa Center (NVC) and NVC will write to me about further steps of getting the GC. I checked the NVC website. It says NVC will write to the beneficiary of INS approved petitions and asking if you will adjust status in the USA. You don\'t reply in 30 days they will send your files to your consulate for processing. If you reply and indicate you will apply within the USA they will note your file and keep it at NVC. It this a new procedure? I understand a few months ago some people applyed for Adjustment of Status immediately after they received I-140 Approval Notice (which said they can apply AOS). WiJay
 
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