laid off - urgent help required

G

GC_impatient

Registered Users (C)
I am a Dec 2001 filer and got laid off today. I am trying for employment at a company, but they said that they could potentially hire me part-time. My questions are:
1. Is part-time employment ok to satisfy in case an RFE is generated?
2. How close should the LC and next job description be?
Any help on this issue would be deeply appreciated.
GC_impatient
 
1. Is part-time employment ok to satisfy in case an RFE is generated?
Ans:- No You must be in fulltime same or similar job inorder to make use of AC21 and incase an RFE is issued you must be in a position to submit current employment letter, paystub (W2) etc
 
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Since you are Dec2001 RD which INS is processing right now, your approval should be heard soon..Incase of RFE[Employment related], do talk to your employer[if you have good relations with them] on this, and see if they can provide you the needed[emp letter] in case of an RFE. I guess there wouldn't be problem with Pay-stubs..!
Hope this helps.
Good Luck
 
You should be getting RFE/Approval pretty soon (may be this week or next week). If you don't get RFE, then you can get stamping with your approval letter. I don't think latest Empoyment letter is required. You can provide any old letter ig they ask. Even if you get RFE, you will have 2 months to send the response. So don't panick and start looking for fulltime job. Post your Resume on Dice , Net-Temps and Monster. You will get job within a month. Wish you good Luck.
PS: You need fulltime job. Part time job is not enough if you get RFE.
 
try and get an employment letter from the employer right away

I am hoping you can have them do that.

This is just in case an RFE gets issued AND they ask for employment letter.
that way, you can respond immediately and have no problems.
Otherwise, you are all set.

Just to let you know (hopefully some degree of comfort) - I got laid off about a week or so before the RFE was issued. I had been looking for something for a long time, so I was able to find something - but the RFE was for an employment letter and 2 paystubs.

I sent them the letter from the new employer, one paystub from the new employer (which was only for one week) and one from the old employer. THere was one pay period in between where I did NOT have a paycheck.Inspite of that, I got approved.

Hope this helps..
 
thanks, everyone for the response

I found out that my old employer wont give me a letter of employment.

AnotherGCApplic,
Did you submit letter from the old employer in response to the RFE? Your case was very heartening. I am wondering if I can contact you directly.


GC_impatient
 
<<1. Is part-time employment ok to satisfy in case an RFE is generated?>>

Read under Qualifying Criteria. First criteria is "The employer must hire the foreign worker as a full-time employee". So, Part Time employment will not satisfy BCIS.

<<2. How close should the LC and next job description be?>>

Read ETA-750A and ETA-750B and the whole page ETA-750 Instructions starting from Part I. If RFE is generated, you must satisfy the Item 23 (EMPLOYER CERTIFICATIONS) with respect to Item 8 through 13 of ETA-750A.

Hope and pray for direct approval with no RFE on employment verification. If you get an RFE on employment verification, you have around 2 1/2 months to reply. Look for a permanent employment satisfying the ETA requirements and criteria ASAP.
 
Do you know the status of your case? Has it been assigned to an IIO? In such case, there is a good chance of you getting approved with out an RFE, if you have not change residency.
 
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GC_impatient

I submitted a letter from my new employer.

BTW, i sent you my e-mail address in private message. feel free to contact me.

also, I have already posted the employment letter format I used. It might take a little searching, but its out here somewhere..
 
Originally posted by Kumars68
<<1. Is part-time employment ok to satisfy in case an RFE is generated?>>

Read under Qualifying Criteria. First criteria is "The employer must hire the foreign worker as a full-time employee". So, Part Time employment will not satisfy BCIS.

<<2. How close should the LC and next job description be?>>

Read ETA-750A and ETA-750B and the whole page ETA-750 Instructions starting from Part I. If RFE is generated, you must satisfy the Item 23 (EMPLOYER CERTIFICATIONS) with respect to Item 8 through 13 of ETA-750A.

Hope and pray for direct approval with no RFE on employment verification. If you get an RFE on employment verification, you have around 2 1/2 months to reply. Look for a permanent employment satisfying the ETA requirements and criteria ASAP.
Click to expand...

Yo! Kumars68:

The links you've provided though useful, are from the DOL, we're talking about DHS/BCIS here. 485's are not approved by DOL. Please post links from the BCIS site, if any, mentioning that the job should be full-time, etc. In my opinion, as long as you have a same or similar job, whether part-time, full-time or hourly, shouldn't matter if your salary is above poverty guidelines, which I'm sure it will be.
 
mavishka,

I got RFE on I-140 stage on my Labor from INS. Remember your employment is based on labor unless you are EB1 or EB2(NIW). Bottom line for EB3 & EB2 (Non NIW) is the underlying labor.
 
UnEmployment Benefit

Hi GC_impatient,

It happens buddy...goodluck and keep up the positive attitude.
You'll be fine. Anyway, have you looked in UI benefits. Here in
PA, I'm told that I'll be able to get some benefits as long as
I have been employed legally. I'm not sure how much or how
long or if I even qualify. I talked to someone at the UI office
and they asked me to file for UI and wait for a determination.
BTW, I'm not laid off yet. Just planning for it.

Can anyone else shed light on this? Thanks,
 
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