need help after lay-off during I-485 pending stage

R

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.
 
No it doesn't

Upto six months of gaps and goofups don't matter. More over you have already filled AOS so you don't have to worry at all. THey are not gonna ask about employement stuff again. At the most you will be called for an interview in the local office at the time of adjudication.
 
resal_looc,

do not worry.

In addition to what sept_neb_filler said, USCIS has absolutely no way of knowing about the gap in H1-B.

The only way USCIS can come to know about it is if the company that laid you off, informs the USCIS that the H1-B is cancelled.
No company does that unless they have a beef against you.
 
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