Please respond

[Jimmy_John]

Hi People, appreciate this great service. I am working for company ‘A’ and my GC is underway. Filed my I 140 petition in the month of May’02 from TSC. I finished my project on June 16’02. Trying to search for a new project but not yet succeeded. My employer says that he would continue my Green card and would not pay from the day I finished my project. He got no problem if I find a new job and get my H1B transferred. Am I out of status right now ? Well back to my question – I have options (1) find some 3rd party contract position (2) find a new job and get H1B transferred. (3) Go back home. Out of all these options (1) is not possible. Will my GC get affected if (2) or (3) is chosen. What will happen, if I get RFE at I 140 stage for recent pay stubs (I have until 06/16/02)? Can I be on sick leave with no pay for some time ? If yes, for how long ?
Please advice.
Thanks and regards,

 

[TungFong]

Are you outta status?
Maybe, INS would consider your H1B visa terminated once you not on company's payroll unless you take some form of administrative leaveor something like that.

GC continuation after transfer?
As far as I know, it's not possible. If you out of your current job or laid off or move to different company, your GC process is terminated and you would have to start from scratch. BUT some people argue that GC is for future employment. The only way I can see this argument to hold is that you are going back to the same company as I-140 is company specific, so is your labor certification.

What if you go home?.
It's ok if you go home and wait for your GC process. The catch is that your current employer MUST be willing to issue you a Employment verification or offer letter upon GC interview at consulate.

I hope this helps. Good luck and God Bless.

TungFong