Hi, all waiters for 485:
I would like share my experience I got from a lawyer and to get further advice on leave without pay while we are waiting for 485?
I posted my case (140-NIW approved in Jan 2003, 485 filed on March 2003) in this forum and I took the suggestion to talk a lawyer. His main suggestions are:
1. The lawyer told me that technically, any 140 with NIW should be free to change job. But since my 140-NIW is partally based on my present job(I wonder whose 140 with NIW will not use his present job as support for the application?), my 485 might be jeopardized if I leave my present job for a new job in different SOC class. So I will be in risk if I change job. Any further comments or experience in this?
2. I then asked if I do leave without pay from my present employer(which is ok-ed from my employer), the lawyer's advice is that" This would be acceptable under your Employment Authorization Document so long as you had the intent on returning to the previous position at the time that your application was approved. This would mean your present employer would have to agree to keep the position open for you for your return and for your employment for reasonable time thereafter". Is there anyone who did leave without pay and what kind of RFE or troubles will be from USCIS? I am concerning that they might ask for pay stub which I will not have of course.
3. Is there anyone who can guess on when I can get to the point of approval? (my guess is about Dec, 2004 if I am luck?)
Any suggestion will be appreciated!
Tony
I would like share my experience I got from a lawyer and to get further advice on leave without pay while we are waiting for 485?
I posted my case (140-NIW approved in Jan 2003, 485 filed on March 2003) in this forum and I took the suggestion to talk a lawyer. His main suggestions are:
1. The lawyer told me that technically, any 140 with NIW should be free to change job. But since my 140-NIW is partally based on my present job(I wonder whose 140 with NIW will not use his present job as support for the application?), my 485 might be jeopardized if I leave my present job for a new job in different SOC class. So I will be in risk if I change job. Any further comments or experience in this?
2. I then asked if I do leave without pay from my present employer(which is ok-ed from my employer), the lawyer's advice is that" This would be acceptable under your Employment Authorization Document so long as you had the intent on returning to the previous position at the time that your application was approved. This would mean your present employer would have to agree to keep the position open for you for your return and for your employment for reasonable time thereafter". Is there anyone who did leave without pay and what kind of RFE or troubles will be from USCIS? I am concerning that they might ask for pay stub which I will not have of course.
3. Is there anyone who can guess on when I can get to the point of approval? (my guess is about Dec, 2004 if I am luck?)
Any suggestion will be appreciated!
Tony