Out of Job

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goan2005

Registered Users (C)
Gurus Please share your thoughts in following scenario.
I-140 approved 14 months ago. I 485 pending for 19 months. H1B extened for 3 years ( 7th year extention). If job is lost at this time and employer lets USCIS know about H1B termination. Will this affect I-485? Will this lead ot RFE about employment for I-485 even if I-485 is not at approval stage? how much time one has to switch jobs in such cases?
Is it a good idea to turn such job loss into a nice long vacation? or not till I-485 is apporved?
Cheers
 
No, your 485 processing shouldn't be affected if your employer does not inform USCIS about your termination.
Since I-485 is pending for more than 180 days you can invoke AC-21 and get a new job. Make sure that your new employer will continue with your GC processing.
If you've already lost your job, talk to your employer and see if they will give you a month or two to find another job before reporting the termination to USCIS.
If the USCIS does not send any RFE AND the employer does not inform them about the job termination, it's possible that the processing will go on unhindered and you'll get your GC. That is up to chance, though.
Typically USCIS gives you 60 days (nothing on the books, just convention) to look for other jobs or leave the country.
You gotta be nuts to be thinking of taking a nice long vacation at this stage. Make sure you have a new job offer in hand and that the new employer will continue the GC processing.
Then, if you want, you can tell the new employer that you'll join after a month or two and use that for vacation.
 
Employer is required to report (along with date of termination) when H1-B employment is terminated for any reason. You are on H1-B, right?

I-140 can still be revoked by your (ex-)employer.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Thanks but here is the confusion

Thanks. My attorney tells me that , H1B and I-485 is seperate processing. So H1B revocation has nothting to do with I-485. When I-485 is at approval stage ( thanks to the pending Name Check, the delay due to whcih is going to help stop I-485 processing for considerable time - I see an opportunity for a vacation here) , then and then only 99% of the RFEs for EVL are sent.

In the nut shell , there is only a very limited risk in the scenario mentioend in first posting. With EAD in hand, its easy to get a job even after the EVL RFE is sent ( i beleive it nees to be replied in 45 days). Also i have very good relationship with my present employer so likely hood of anything adverse from them is very very low.

All in all : If such job loss scenario arises, I would like to take 3-4 months vacation to india. Explore job opportunities over there. And take next decisions in my life in totally relaxed mindset.
Cheers
 
nj_skm said:
No, your 485 processing shouldn't be affected if your employer does not inform USCIS about your termination.
Since I-485 is pending for more than 180 days you can invoke AC-21 and get a new job. Make sure that your new employer will continue with your GC processing.
If you've already lost your job, talk to your employer and see if they will give you a month or two to find another job before reporting the termination to USCIS.
If the USCIS does not send any RFE AND the employer does not inform them about the job termination, it's possible that the processing will go on unhindered and you'll get your GC. That is up to chance, though.
Typically USCIS gives you 60 days (nothing on the books, just convention) to look for other jobs or leave the country.
You gotta be nuts to be thinking of taking a nice long vacation at this stage. Make sure you have a new job offer in hand and that the new employer will continue the GC processing.
Then, if you want, you can tell the new employer that you'll join after a month or two and use that for vacation.
Click to expand...

I may get leyoff very soon. My 140 is approved and 485 is pending for last 2 years. My employer will inform USCIS.

What are possiblilities that my 485 can be approved? In order to do this what have to do??
 
Flexible

Dont ask about options. Instead know that Since you have EAD , you have great amout of flexibility. And it will only take seveare bad luck for something to go sevearly wrong.
 
goan2005 said:
Dont ask about options. Instead know that Since you have EAD , you have great amout of flexibility. And it will only take seveare bad luck for something to go sevearly wrong.
Click to expand...

Do you think 485 can not be denied because of layoff at this time?? In order to go smoothly what I have to do??

Can you explaine???
 
baby_mde said:
Do you think 485 can not be denied because of layoff at this time?? In order to go smoothly what I have to do??

Look for another job under AC-21 and consider sending a letter to BCIS about AC-21 option.

If I-140 is revoked before you invoke AC-21, could be a problem. Also, the original job has to be bonafide and permanent.

Can you explaine???
Click to expand...

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Ac21

Here is how my attorney explained it to me : Since I 140 is approved, and I 485 pending for more than 180 days, No matter what happens to your job , no matter wether your employer tells USCIS about it , I 485 will continue processing. Its only at the time of I 485 approval stage that USCIS MOSTLY WILL ask for EVL. So at that time if you are not with present employer then you have to show that you have changed to new job per AC21. Note that USCIS is not going to ask for proof of your continued employment.
So lets say your I 485 is approved 1 year from now and you did not had job for 9 months, then also you are fine. With EAD there is always almot 100% chance that you will find similaer job anyways.
What i am saying is with Pendign Name check cases , USCIS will never look at your I 485 , so there is a scope for nice long vacation if you wish to takel one.
 
desi3933 said:
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Click to expand...

What do mean by saying "original job has to be bonafide and permanent"

original job means - the next job or the job when we applied GC.

Can you calrify on this??
 
desi3933 said:
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Click to expand...

What do mean by saying "original job has to be bonafide and permanent"??

original job means - the next job or the job when we applied GC??

Can you calrify on this??
 
baby_mde said:
What do mean by saying "original job has to be bonafide and permanent"??

original job means - the next job or the job when we applied GC??

Original Job as mentioned in LC and I-140.

Two conditions must be met, in order I-140 to be valid :-
1. The original job must be bonafide and permanent. (Lot of companies create "jobs" just for gc. If you know what I mean)
2. Company must be able to pay Labor Wages since PD to I-485 approval (or AC-21 date). If employee is getting paid at least LC wages since PD that is also fine.
If above conditions are not met, there is always possibility of I-140 denial or revokal (if already approved).

With increased scrutiny, all things should be in order.

Can you calrify on this??
Click to expand...

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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desi3933 said:
Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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Click to expand...

My company is payed me from PD to until layoff as mentioned in LC. I may find job in 1 or 2 months and apply AC21 with new job offer. This new job is permenent.(I work in Pharmacy industry)

Assume, the original employer revoked 140 or informed USCIS that I got laid off before I send AC21 to USCIS. In this case, any problem in approving 485???
 
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