layoff after 180 days

sentil

Registered Users (C)
I will be laid off on Febrary 1st and it will just be the time after 180 days of my I485 RD. I am looking for job all these time, but no response. I asked one layer, he said I would be out of status, but is 485 pending. Considering to current ugly market, I don\'t know when I can find a new job, and I hope to keep my status. I heared that there are some consulting companies can sponsor h1b visa, but no salary pay. The problem is that I don\'t know where I can find such kind of companies, can your guys provide me with information? Thanks very very much!
 
You wont be out of status, if you have EAD

You wont be out of status if you have EAD. But sometimes INS asks for pay stubs - that is what might bite. But be optimistic, they do not ask for pay stubs for everybody.
 
You remain in adjusting status until the AOS is adjudicated

You need AP if you want to leave the US and EAD if you want to work without an H-1. The problem is that you need EMPLOYMENT for the AOS to be approved since you have applied for an employment based GC. No employment means no GC.

Jim
 
Future employment

JimM
My understanding was that employment based GC was for future
employment and it does not really require you to be employed if
an employer can state that you will employed once you get a GC.
 
adjustment status and out of status

If I can find job just when the adjustment date coms, what is my status during my umemployment? Because I think adjustment status is not a visa status such as H1B. Furthermore, for example, if I am denied by INS for adjustment and I have a period time to be unemployed, should I be out of status, or even I use EAD to work, since i485 denied, ead should be invalidated, what is my status, can Jum and Baba give me some explanation?
 
Baba is correct about future employment, but . . .

if you are called for an interview you will need to have a sponsoring employer at that time or the I-485 will likely be denied. Once the I-485 is filed the future isn\'t far away and no employer means serious risk.

If your AOS is denied you will need to leave the country since you do not have an H-1 to fall back on.

Jim
 
Jim, R U sure, You need a sponsoring company?

I heard that after 180 days you can work in a same or similar category. That\'s set. It doesn\'r say that the new company must be a sponsoring company that will pay all INS fees.
 
mmohnot, What do U think?

I heard that after 180 days you can work in a same or similar category. That\'s set. It doesn\'r say that the new company must be a sponsoring company that will pay all INS fees.

So Mmohnot, can I just work in the same category in any company that will not sponsor me and get the Green Card?
 
Tes, you can work in a same or similar position but you need a position to get the GC

No job=no employment based GC. INS will also question how you would intend to support yourself (and your family if any) without a job and not become a public charge.

Jim
 
You can try to secure a future job in the same category

You don\'t need not have a job in the same category. You can just secure a future job offer. At the interview time, make sure you have a job in any category to avoid the Public Chrarges.

The new law doesn\'t even say that the sponsoring job must be Full-Time. So it can be part-tine as long as you have the right job description and pay stubs available on demand.
 
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