Lay Off after 180 days of I-485 application

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bambu

Registered Users (C)
What are the options one has if laid off after 180 days? How many days can one stay unemployed? What happens if one gets an RFE? Can the approval be denied if one is unemployed? Please post your thoughts. Reponse from anyone that has obtained formal legal advice will be appreciated.

Jim Mills, if you can give your input..please.
 
My 2 cents

1) What are the options one has if laid off after 180 days?
- If you have not used your EAD yet, get a new job and transfer
your H1 with the new employer. You can also join your new employer
using your EAD too....
2) How many days can one stay unemployed?
- There is no time frame but it is safe to get another job with same
designation and work description mentioned in your labor form. I think
less salary should not be a problem but it is better to confirm this
with a lawyer.
3) What happens if one gets an RFE?
- Your case may get approved without RFE but if you get one, it will
be for pay stubs. You will have 90 days to respond to your RFE and
you can do it on your own.
4) Can the approval be denied if one is unemployed?
- It is tough to answer this question. It is situational and depends
on the person who is handling your case at VSC. But you can go to
court in case of denial.

If I were you, I would not worry about 485 approval and try to get
a job (with same designation and work description mentioned in your
labor form) ASAP. All the best.
 
No Title

Thanx dude... although, I know that getting the job is the best thing to happen. My concern was what if one does not find a new job. In any case, thanx for the response.
 
Layoff & 180 days!

I am in a similiar situation, however I am close to finding a job, my last day is mid June. Even though the job I am offered is a Contract( W2), I am still employed by the contractor to do consulting and the job is similiar with almost same designation. I have my EAD till October, though I have not used it in my current job.

So, my suggestion to you is to find a job even if it is contracting and with that even if you get a RFE, you can get a Employment letter from your Contractor which is legal.

My RD is AUG 09.
 
I am in the same boat as mike and chiman

however i am close to getting a part-time job as against a contract or permanent position. will getting a part-time job affect my GC process
 
Part Time Job

As long as you can ask your employer to give you a letter incase you get a RFE or interview and paystubs, you should be okay. They just wanna make sure you are getting paid adequately as required by law and you are gainfully employed.
 
What if one does not get a job.... ???

What are the consequences if one does not get a job? How many days does a person have to find a new job after getting laid off?
 
NO JOB!

If one does not get a job after layoff after 180 days, then if you get a interview or RFE,then it is a problem. If not, you might get approved and eventually stamped. Later down the lane when you apply for Citizenship you might have to do some explaining to do. The best option is to find a job as early as possible as you have some time to respond to your RFE and also you can postpone ( not sure) you interview for few days. Hope this helps.
 
How many days does one have?

If someone who has an EAD and has passed 180 days after I-485 application gets laid off, how much time does he/she have to find another job ?
 
Until the I-485 gets approved

There is no requirement you be employed during the I-485 stage. At the time of approval, you need a job.
 
Mike, is there any way to determine as to how much one should be making

in percentage of last pay after he gets laid off after 180 days? my concern is that I was laid off after 180 days and the part time job which i am expecting would pay me hourly which will be like just 40 - 50% of my last drawn pay at my previous company? would that affect my GC process? THANKS
 
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