No Pay when I-485 is pending

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gg66

Registered Users (C)
I would appreciate if anybody shares their experiences "On Bench / No Pay when I-485 is pending"

My 140 is approved one year back & 485 is pending for more than one year. I am currently on i_485 pending status (No valid H1). I got lay-off last week. What is the "reasonable" period to stay on bench/no pay/unpaid vacation to find a new job.

Appreciate your thoughts.
 
All Green Card petitions are filed by employers with the intention to hire the employee after receipt of green card - and to engage in permant employment (via the permanent green card)....
So, green card is for future employment, after getting the green card....

But the law AC21, allows you to switch employers after 6 months of I485 (and I140 approval)...as long as the job is same/similar....

and the only proof that USCIS requests is a Job Offer Letter detailing job duties - from your new employer...as long as you can provide that, you should be fine....

So, the answer to your question...is - there is no set period......you can stay jobless for an year or more....as long as you have an open job offer from a new employer......to join upon receipt of green card...

But, sometimes USCIS issues RFE for Employment Verfication Letter on I485 - just to make sure...if you are still employed in the same/similar job....and one gets like 90 or 120 days to respond to the RFE...Not sure about the RFE response timelines
The other scenario is when your employer revokes your I140...then you may get a NOID on your I485...and you may have to reply to that with an updated job offer letter from new employer!
 
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Thanks

Thanks for the clarification. What I understand is, If I have a offer letter from a new company (no need to start working yet) then I should be fine on bench period. Usually my green card filed company lay-off after 15 days of bench time but my intention is to stay with the same company after I find the job with them (i.e. re-hire).
 
gg66 said:
Thanks for the clarification. What I understand is, If I have a offer letter from a new company (no need to start working yet) then I should be fine on bench period. Usually my green card filed company lay-off after 15 days of bench time but my intention is to stay with the same company after I find the job with them (i.e. re-hire).
Click to expand...

1 You need permanent job offer at the time of I-485 approval.
2 if you have valid EAD you can join any employer and can also invoke AC21
 
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