Please Help-Gap in employment

D

diamond-123

New Member
Hi,
I need help in understanding if there could be any issues during I-140 and AOS processing on employment based green card when one has gap in employment in the past .
I was out of jobs for a period of 3 months before my current employment. My H-1B transfer from my current employer was filed 2 months after my employment with previous employer ended.
As my H-1B visa from previous emloyment and I-94 was still valid, I stayed on in the country after losing my previous job and could get this new employer to sponsor transfer of H-1B.
Now my LC is approved from the new employer and my I-140 & 485 (AOS) is being filed concurrently.
However I want to make sure that those three months of unemployment would not cause any issues during I-140 & 485 processing.
Am I going to get RFE for sure...??? Is there anything which can be done to avoid the delay due to RFE and any extra information can be provided beforehand while filing I-140 & AOS forms which will reduce the chances of RFE.
Any help regarding information on above would be greatly appreciated.

Thanks
 
diamond-123:

Generally out-of-status exceeeding 180 days is a definite RED flag. Off late the RFE's are generally related to academic degrees from your home country, work experience from your home country and in your case specific, expect RFE to explain the time gap between employment. Be prepared with answers to the above 3 to reduce the delays in responding to RFE!

Remember i am not saying you will get an RFE but this is what most folkd do in advance to avoid delays!
 
Thanks for your quick reply.
Is there anyway I can furnish information such as employment experience letters, degrees etc. in advance alonwith application for I-140 & AOS inorder to avoid the risk of gettiing the RFE.
Also what kind of explanation I would be required to provide for gap in employment since it is truly a gap in employment.

Thanks,
 
diamond-123:

Normally things such as degree transcripts and previous work exp letters are included as a part of the process to avoid RFE's. I am assuming your attorneys may have done the same.

As far as employment gap...from reading the postings, I have learnt that USCIS has become more understanding due to the nature of the economy. So you can very well say that you lost your job hence h-1b and it took you xx days to get another job and hence a new h-1b and that you did not work illegally during this gap. Check with your lawyers! Hopefully it wont come down to that level!
 
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