Laid off, need advise!

R

Rolando68

Registered Users (C)
I just was informed that I will be laid off at the end of January, and of course my first priority is to find another job while my EAD is still valid. My I-140 was approved on November 2003 and my I-485 has been pending for more than 180 days. My questions are:

1) How similar needs to be the new job to be protected by the provisions of AC21? Are there any guidelines to determine similarity?
2) Does adversely affects if the new salary is less than the one reported during LC and “Affidavit of Support”?

Also, in the mean time I think I will need to collect unemployment funds and the following questions raised:
3) Can I legally claim unemployment benefits in Texas? I have been continuously working in Texas for 6+ years
4) Does it adversely affect my GC process if I stay unemployed for a couple of months? Does the Texas Workforce commission reports to USBIC? I think that collecting Unemployment should not be considered that I am a “Public charge”
5) Can I travel outside USA providing I have a valid AP

Any information about previous experiences will be highly appreciated.
:(
 
Do not worry

Rolando,
I have been laid off 3 times( anybody beating that record???)
and that in a span of 1.5 yrs.
six month average.

Anyway
Find a job in the same category and more or less similar pay package.
Since you have a EAD/AP- no problems.and 180 day crossover.

You should be just fine.
 
Qn.1)
There is no straightforward guidlness about "similarity". All it says is: similar job description/title and similar duties as depicted in labor approval.
Qn.2)
AC21 does not say anything about salary. But, it is assumed that a similar job pays you a "similar salary". It might not matter as long as the new job is within $10K difference.
Qn.5) By rule, you can travel outside US as long as you have a valid AP. Sometimes, they will want to see your EAD card also(they asked me this while I was returning from India).
RARELY, some officers might ask about your current employment if you are the primary applicant. Many forum members advice to keep a current employement letter with you while travelling ..just in case!!!
 
I will try to answer 4..Guys..please correct me if I am wrong here..or atleast disagree if u want to

4) I dont think you want to apply for unemployment, as they would ask for ur alien # and then ask for EADs and verify with INS if everything is OK (it happened with my wife)..so the process is for sure to happen..I donno how INS would react if they know that u lost ur job before u tell them..This is like instead of ur employer informing INS, urself sending a letter to them..If I were you, I wouldn't apply for unemployment (oh btw, by the time u receive the check, u might get 100s of offers..:) )

5) Read answer above..

CORRECT ME IF I AM WRONG..ANYONE??

Madhav
 
Rolando, I too have gone thru this phase.

As per Unemployment benefits, There have been many discussions on this forums and some people have argued since it is unemployment insurance you are eleigible for it.
But I agree with Madhav on this. It may differ from state to state but for Texas unemployment benefits , you have to give your A# and list your status and the workforce commission will do some checking. You can check their site.
So rather be safe and don't apply.

As travelling on valid AP, you will be okay.
Also if your EAD & AP are close to expire, you can apply for renewals even if you are not working.

All the best.
 
Thanks for cheering up

Thank you endless-journey, plasticcard, Mad Par and Gastros, your high spirit is refreshing during these difficult times.

I am faithful that God will provide for my family and me, however I am forseeing that we may need some extra money in case the job search process extends beyond our savings. Anybody else may share his/her experience when claiming unemployment?...

Thanks again!!!
 
I don't want to advise you to do that, I am just telling you the story of my friend.
She got laid off at Dec. 2001, she didn't find a job till July 2002, and she filed for the unemployment benefit during that time. And she got her GC at around April/May 2002...
Again, I don't know the answer of your question, and I don't know how often this happens. That is the only person I know lost job without GC, and she filed the benefit. I just want to show the case, I would like to see more storys either good or bad on thhis.

take it easy...
 
Lots of people say don't file for Unemployment benifits. I don't know what is the reason behind.

One of my Philipines coligue she said she filed her Unemployment benifits and got that. After she finds next employment she got her GC.

I am also not suggest to file Unemployment benifits, who knows if some thing comes up to INS we are in trouble after long waits.

If you need some finances, try to send your family to work in some grocessory/store, until you find job. She also has the permit to work in US right. I am giving some suggestion, don't take very seriously....If my situation comes I will do the same thing.

All the best in finding new employment.

BaSh:D
 
One more thing for you think about...unemployment pays you around 50% of what you used to get paid per week. If you live without that, I'd say do that. If not, do it and leave the rest to some bunch of thugs at USCIS.

Madhav
 
Since you are having EAD you can do other jobs also. Offer for the same or similar job is needed in case of RFE or only after the approval.

I would suggest to do other kind jobs rather than using unemployment benefits.
 
Just a suggestion

Like suggested before since you have your EAD perhaps you can approach temp agencies and to get a temp job until you find a permanent one. Good luck during these hard times.
 
I will take you advice

Thank you all for your input!

I will take your advice and try to get at least a temp or part time job rather than applying for unemployment benefits, at least until I find a permanent one.

God may bless all of us!
 
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