lost job, does it mean I have lost status (I-485) pending

S

saturn

Registered Users (C)
Hi Guys:
I have a following situation. I received a letter from my employer that my appointment will not be renewed after June 30. I work for the University and they give 90 days notice for job termination and you stay as a regular employee in those 90 days. I guess in industry you are laid off right away with some months of compensation.

What happens to GC processing if I do not find a new similar job until June 30 to activate AC21? I am currently having H1B1 (valid until September 2005) and AOS (EB1 case, outstanding researcher/professor) pending statues. I do not use EAD for work. Do I have to leave the country immediately after June 30, if I am unable to find something?

I will appreciate any suggestion / clarification regarding this.

Thanks guys

Saturn from Arizona

Here are my details
RD: April 3rd week, 2002
WAC-02-168-*****
 
hi

The day u lose ur job , ur company/university is supposed to inform the INS and hence cancel ur H-1 B - u will be immediately out of status

however if your I-140 is approved and I-485 RD is >= 180 days at that time, then you will be still in status [even without a job]

you need to have an EAD - if u want to work after that and AP to travel out and comeback into US.

[if you find a job before, ofcurse u can do h1 transfer]

You will need to be employed when its time for you to reply for RFE [ for atleast 1.5-2 months, for the paystubs].


TheEnquirer
 
>>however if your I-140 is approved and I-485 RD is >= 180 >>days at that time, then you will be still in status [even without a job]

TheEnquirer,

1. Could you please clarify how long the person will be 'in status' without a job in 485 pending stage?

2. Why do they do an RFE on employment verification?

3. What if they find out during RFE that the person does not have a job?

Thanks.

CokeTin.
 
Originally posted by TheEnquirer
The day u lose ur job , ur company/university is supposed to inform the INS and hence cancel ur H-1 B - u will be immediately out of status
Click to expand...

This is incorrect. With a pending adjustment application, the beneficiary remains in status, with or without a job, until the I-485 is ajudicated. At that point, having no job or future job offer will be fatal, but until then - no problem.
 
1. Well, there is no time frame for that. but you have to watch out for RFE. - and beware of unnecessary complications when you travel in and out of the country. - some inspectors can give u a hard time - particularly if they learn that you have an employment based 485 pending and you dont have a job. - but usually they dont ask.

2. well before approving 485 they need to know that the petioner or any other company (with same/similar job offer) is able to pay you the salary. - u need to have a job (in US) at the time of 485 RFE (approval).

3. - your application will be cancelled and so does underlying EAD and AP and u will be out of status.
[ i have know only one case - in which there was NO RFE, but an interview - in which they approved the persons 485 , when he explained that he will be getting a job soon. but if they give an RFE- its a straight forward case for CACELLING your 485 application, if u dont send the required docs.
 
Hi RealCanadian



This is incorrect. With a pending adjustment application, the beneficiary remains in status, with or without a job, until the I-485 is ajudicated. At that point, having no job or future job offer will be fatal, but until then - no problem.


May be I wasnt clear, but that was what I meant.

thanks for the clarification.


I have question for you though.... when you say " At that point, having no job or future job offer will be fatal, but until then - no problem"..........................................

lets say at the point of replying RFE, if you have a job offer for future job [currently not working] how do you show the paystubs that they are asking in the RFE.

and also it says in the letter that if u want to use AC21, u need to provide the dates employment with the new comapny...."

i am in that position...................you can see my other thread : Another "dreaded" RFE received: Please help
 
Originally posted by TheEnquirer
lets say at the point of replying RFE, if you have a job offer for future job [currently not working] how do you show the paystubs that they are asking in the RFE. and also it says in the letter that if u want to use AC21, u need to provide the dates employment with the new comapny...."
Click to expand...

There is no obligation under EB immigration to work for the sponsoring employer before the GC is approved. This dates back to the good old days when GCs took 2 months to do and companies brought in foreign workers on Green Cards instead of H-1Bs, L-1s, TNs, etc.

If you are not presently working for the new sponsor, you have no paystubs to provide and are not expected to provide them. USCIS may question the legitimacy of the job offer or the ability to pay the proferred wage, but the case is approvable if you can overcome those concerns.
 
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