Out of job while I-485 is pending

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baywatcher

Registered Users (C)
Gurus,

My company is not doing well, I have a feeling that my company will be out of business in a few weeks. Can anybody let me know how long I can be out of job if my I-485 is pending and I have a valid EAD? my i-140 was already approved.

Many thanks

Baywatcher
 
Do not become nervous.
Keep hanging with currenr emlpoyer as long a you can to make sure you have worked for him for atleast 180 after filing I-485.
Parallely start looking for new job all out immed.
There are is no rule that allow someone out of job for some/any day.
 
at the time of adjudication (485), you must be employed full time. If there is no RFE, you can get away being unemployed, but that is a very big risk. You are not expected to be unemployed...
if 180 days has passed, find another job or if you are still employed and getting paystubs, hang on till 180 days is compete (just to be safe) and then move on.
 
Thank you very much Gclenahai and Isamp. I really appreciate it for your reply.

My I-485 was filed in September 2003, so it already passed 365 days mark. the demise of my company is imminent. So I guess I should aggressively look for jobs now.

Baywatcher
 
If your 140 is approved better find a job ASAP. In case you get an RFE for Employment verification or pay stubs or company info, you will need to provide the current company info. I've changed my employment as soon as 180 days are passed (in dec 2002) still got approved. I know many cases which were approved with AC-21 but did not hear one denial because of using AC-21.
 
Hey - before the ship sinks, try getting them to sign the following:
1. that you were employed here from date1 to date2, on the company letterhead. If you can make another one with date2 in the future, even better.
2. make another one which says that you are currently employed and in permanent position.
3. If you're really good with them, do one with no dates, maybe you can somehow add them later. You never know, this may be your last chance, probably not - but still be prepared for anything.
 
baywatcher said:
Thank you very much Gclenahai and Isamp. I really appreciate it for your reply.

My I-485 was filed in September 2003, so it already passed 365 days mark. the demise of my company is imminent. So I guess I should aggressively look for jobs now.

Baywatcher
Click to expand...
Let me clarify some things here.

- I-485 if for future employment, so it doesn't require u to work for that employer currently.
- Filing I-485 gives u Adjustee status which allows u to continue to live in the US without working. U would need EAD [if u don't have H1 or some other status] to work.
- There is no such thing as u can move to another employer after 6 months of filing I-485. Basically u can move to another employer any time and use AC-21. But the caveat is if it less than 180 days of ur I-140 Approval, then employer can withdraw/cancel the I-140. This invalidates ur I-485 as its I-140 is cancelled.
- So now, if ur I-140 has already been approved and it has been 180 days, u can freely move to another employer. If not, u have to been on atleast good terms with the current employer so that they don't revoke ur I-140.
- If ur employer doesn't revoke ur I-140, but goes out of business, if USCIS comes to know of it, or they randomly choose to send u an Employment verification RFE, then u should be able to submit a letter from ur current employer [whose I-140 u used for approval] or from another employer [Using AC 21], that they would be hiring u full time, once ur 485 is approved, remember [EVL would be needed for ur future employment].

Atleast this is how it works legally and is the procedure. I am clarifying this because there is a lot of misconception and didn't want u to be misled.
 
Millions thanks

omGV, ruxrux, and Junior Memeber, your inputs are very valuable. I wish all of you including all members on this forum good luck!

Baywatcher
 
OmGV said:
Let me clarify some things here.

- I-485 if for future employment, so it doesn't require u to work for that employer currently.
- Filing I-485 gives u Adjustee status which allows u to continue to live in the US without working. U would need EAD [if u don't have H1 or some other status] to work.
- There is no such thing as u can move to another employer after 6 months of filing I-485. Basically u can move to another employer any time and use AC-21. But the caveat is if it less than 180 days of ur I-140 Approval, then employer can withdraw/cancel the I-140. This invalidates ur I-485 as its I-140 is cancelled.
- So now, if ur I-140 has already been approved and it has been 180 days, u can freely move to another employer. If not, u have to been on atleast good terms with the current employer so that they don't revoke ur I-140.
- If ur employer doesn't revoke ur I-140, but goes out of business, if USCIS comes to know of it, or they randomly choose to send u an Employment verification RFE, then u should be able to submit a letter from ur current employer [whose I-140 u used for approval] or from another employer [Using AC 21], that they would be hiring u full time, once ur 485 is approved, remember [EVL would be needed for ur future employment].

Atleast this is how it works legally and is the procedure. I am clarifying this because there is a lot of misconception and didn't want u to be misled.
Click to expand...
omGV, can you please explain? if I have a valid EAD, I-140 approved, I-485 pending for more than 180 days, and I'm out of job while getting an RFE for EVL, what should I do in this scenario?
 
baywatcher said:
omGV, can you please explain? if I have a valid EAD, I-140 approved, I-485 pending for more than 180 days, and I'm out of job while getting an RFE for EVL, what should I do in this scenario?
Click to expand...
U HAVE TO get it from another employer [Again, EVL if for future empolyment] and then use AC21. U will have 3 months or minimum 81 days to reply to RFE, by which time u have to find another decent employer [it is more important, that employer is relatively good, then ur being employed with them currently, so as to avoid additional RFE]. At the same time, it might be helpful r make ur case stronger, if u also currently work for that employer, but technically that is not a requirment.
This is provided that it has been more than 180 days since ur I-140 approval, so that ur current almost bankrupt employer can't withdraw the I140. Also, the 81-90 days to reply for RFE is from the date they send the RFE and that goes almost invariably to the lawyer. So make sure, that the lawyer will notify, if there is an RFE.
Hope this helps.
 
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