Please Need Help

G

GCpaagal

Registered Users (C)
b EB3; India; PD 10/98(Current as of June dates); ND 09/99; FP 08/00; No RFE yet. Waiting for RFE/Approval.

My current project going to end on June 15th at my client\'s place. I informed my employer(Consulting company) 2 months ago, but they could not find any job for me yet. Even I have been looking for companies who are willing to do sub-contracting thru my company, but I could not find any.
b When I talked to my attorney, he asked me when I applied for 485, when I said 09/99, he simply said look for another job.

My questions are:
1. What should I do, if I receive RFE for Employment Letter, and Pay Stubs, after my project is over?
2. Should I look for job somewhere else?
3. What did my attorney mean, is he talking about 180 days rule?
4. When we go for stamping do they check whether I am still working for the same company thru whom I applied my GC?
5. If there is no RFE, is there any time INS checks whether still I am working for the same company thru whom I applied my GC?

What should I do, any help is appreciated, Thanks.
 
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..you must have received EAD card. Can your company still keep your employment(may not pay u..since u use ur EAD) and you can do another job on your EAD (you can do multiple jobs on EAD..even open a compnay). As GC is for future job,if ur company shows they have employed u, should be fine.

As ur lawyer says,u can resign and go to another company, under the new 180day rule. Just make sure the new job is under same category as present one.
 
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Hi! I know a friend of mine who worked for a consulting firm based at Pittsburgh, joined another company using his EAD. Ofcourse with the knowledge of his employer. He was on a leave of absence and when he did received the RFE for I-140 his primary employer did send the necessary details to the INS. He got his GC approved back in Oct/Nov. of 2000. When he changed the employer it was more than a year for him from the date of his I-485 rd/nd. I would suggest you to talk to your employer and do asap. Wish you good luck. Hope something works out for you.
 
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mke23 - Yes, I have been having EAD from 99, but I never used it. You asked me, can my compay keep me employed,
b Would you please explain a little more on what you meant?
 
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As Sam rajesh also mentioned ..that the primary company doesn\'t terminate your job and you also dont resign...take a "leave of absence"/become "hourly based employee" which means u get paid when u work, so u keep ur job there.U can use ur EAD (but lose H1), which makes u eligible to do multiple jobs. Any RFE from INS is handled by ur primary company. I know many companies/ppl are doing this,its not a new thing. Thats the advantage of using EAD(multiple jobs).
 
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b Can I work any where in the US using my EAD? My company is located in Central New Jersey, thru whom I applied my GC, so can I work in New York also using EAD?
 
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GcPaagal,
     I saw messages from EB-3 guys who got Employment RFEs even when their PDs are not current. Hence VSC wanted to RFE from you, they should have done by now.
    Hence my guess is you may not get any RFE now. You should hear your approval by mid June. Again, I am not an attorney and am guessing based on the postings on this board.

Good luck!
anup1
 
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b Can I work any where in the US using my EAD? My company is located in Central New Jersey, thru whom I applied my GC, so can I work in New York also using EAD?
 
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you can work anywhere in USA using EAD.
you first priority is to convince your current employer to continue your GC.
2nd, find a new job, use EAD.
3rd, you can always renew you EAD on your own too if your company is not paying for it.

good luck
 
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While changing my job, is there any legal period of time, where I can be without any job. According to the job market now, looks like I will have some period without any job.
 
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1) With EAD you can work any where in US.

2) Do not change th eoriginal address, if so, you will get RFE. Hence, at least keep the address same or your friends in that apts
who can get the documents and forward it to you.
 
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Yes u can work anywhere in US on ur EAD , u can keep renewing ur EAD evry year till u get gc,cuz when u renew EAD u dont hv to provide company details.
 
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For change of address ..my friends hv been changing address pretty fast,but they keep their company informed so the company updates the lawyer,who updates INS. In consulting, change of address is unavoidable .
 
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..with I-485 pending and on EAD u r safe. u can be without a job ..as u wont be out of status anytime .
 
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b "..with I-485 pending and on EAD u r safe. u can be without a job ..as u wont be out of status anytime"

The above statement is a VERY BIG SURPRISE for me. Are you sure about the above statement?
 
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"without a job" i meant ..u r employed by ur primary company ..u dont hv a project rite now..but ur company keeps ur employment..
 
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I am confused,
1. they are not able to find a project for me,
2. they are not going to pay me
As my attorney said if I find another job, I will start the new job.
So, which part you are calling "ur company keeps ur employment"?
b Are you calling keeping employment as providing necessary letters if INS asks for any.
Please let me know.
 
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Mr X works for company A. The company A cannot find a project and cannot pay him on bench.To keep his GC active one way is to keep relationship with company A. Mr X makes a deal,he asks company A to keep him as an employee but don\'t pay him.This will keep GC going, any RFE is handled by company A.This is what "keeping ur employment" means and if INS ask for anything,it will be handled by sponsoring company A. Mr X can use EAD to get another job in company B.
 
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