need help after lay-off during I-484 pending stage

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resal_looc

Registered Users (C)
Gurus,

I have read many postings from you folks (esp. UnitedNations, NATO) and would like to ask your opinion on my situation.

I am just laid-off (Dec. 2005) and have just found a job in the same field but in a different state. Due to the holidays, the start-up date would be first week of January, 2006.

I was still on H1B before the lay-off. But my I-140 (self-petitioned NIW) was approved Nov. 2004 and my family's I-485 has been pending since then.

My questions are:
1. is it still possible/feasible to do H1B transfer for this new job? or should I just use EAD? should I file AC21?
2. in the worst case, does 1 month of unemployment matter in my I-485 case? How would this be noticed? Is it based a gap in pay-stubs?

Many thanks in advance and have a nice weekend.
 
With 485 pending, you are eligible to stay in the country without jobs.

The 'only' problem is during this period of time, INS sends you a REF regarding to your employment before approving the 485. You are still fine even if you don't have a job at that moment, because you have 3 months to reply them back, so you can look for a job within those 3 months.

You are totally safe, don't worry and enjoy your vacation until next year. :)

By the way, I would just use the EAD, if you can't think of any reason to be rejected.
 
correct

blahblah_gc said:
With 485 pending, you are eligible to stay in the country without jobs.

The 'only' problem is during this period of time, INS sends you a REF regarding to your employment before approving the 485. You are still fine even if you don't have a job at that moment, because you have 3 months to reply them back, so you can look for a job within those 3 months.

You are totally safe, don't worry and enjoy your vacation until next year. :)

By the way, I would just use the EAD, if you can't think of any reason to be rejected.
Click to expand...
 
My understanding was 485 is same like H1 status. If you don't have a job in 10/30 days you get out of status. This is good to know that one can stay indefintely unemployed with 485 pending until INS sends RFE. And even if they do, they are interested in only "at that moment" not in past years.

Do we need to file AC21? I understand that AC21 needs to be filed within 30 days of layoff/ change of employment status.

This is getting confusing. Can somebody help. Thanks to all!
 
Are you sure he needs to file AC21 for this case? I thought AC21 is for LC based, not for self petitioned NIW? anyone can confirm this please? thanks
 
Mine was exactly similar to your situation. I was laid off while my 485 was pending and was out of job for nearly 5 months. I got a new job in a different state.Not a problem. You can use your EAD. No need of any H1 xfer.Now that you have a new job it is better if your attorney files for AC21 and notify INS. My attorney( A famous one) recommends doing that.No one looks for any gap in your pay stubs. An RFE may be issued at the time of approval and you need to submit whatever they ask. Be cool. You are safe as you have a new job now.
 
desiyaar said:
My understanding was 485 is same like H1 status. If you don't have a job in 10/30 days you get out of status. This is good to know that one can stay indefintely unemployed with 485 pending until INS sends RFE. And even if they do, they are interested in only "at that moment" not in past years.
Click to expand...
It is OK to be unemployed during pending I485, but you need job offer when your I485 is adjudicated. You may be called for interview and you may need to show them job offer.
 
sk_fl said:
Mine was exactly similar to your situation. I was laid off while my 485 was pending and was out of job for nearly 5 months. I got a new job in a different state.Not a problem. You can use your EAD. No need of any H1 xfer.Now that you have a new job it is better if your attorney files for AC21 and notify INS. My attorney( A famous one) recommends doing that.No one looks for any gap in your pay stubs. An RFE may be issued at the time of approval and you need to submit whatever they ask. Be cool. You are safe as you have a new job now.
Click to expand...

sk_fl, are you NIW based? why your attorney recommended you to file AC21? as I understand that AC21 is good for LC based. For NIW, you don't even have to have a job offer when you apply it.
 
Just a curious question. Any examples of the same field? in other words, how close should be the job responsibilities for USCIS to consider it as the same field. Thanks
resal_looc said:
Gurus,

I have read many postings from you folks (esp. UnitedNations, NATO) and would like to ask your opinion on my situation.

I am just laid-off (Dec. 2005) and have just found a job in the same field but in a different state. Due to the holidays, the start-up date would be first week of January, 2006.

I was still on H1B before the lay-off. But my I-140 (self-petitioned NIW) was approved Nov. 2004 and my family's I-485 has been pending since then.

My questions are:
1. is it still possible/feasible to do H1B transfer for this new job? or should I just use EAD? should I file AC21?
2. in the worst case, does 1 month of unemployment matter in my I-485 case? How would this be noticed? Is it based a gap in pay-stubs?

Many thanks in advance and have a nice weekend.
Click to expand...
 
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