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.
 
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...

You can transfer H1. 1 month of gap in employment will have no affect. You are in status as long as your I-485 is pending, and unless you have been out of job for 6 months or more, you are safe
 
gc-despo said:
You are in status as long as your I-485 is pending, and unless you have been out of job for 6 months or more, you are safe
Click to expand...

Even if you have been unemployed for over six months, as long as the I-485 is pending you are in status.
 
could there be any repercussion if a person is out of job for 6 months with 485 status as pending and gets a RFE regarding EVL.

Can he submit the EVL which is 6 mths old?

Could there be rejection?

Thanks
 
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