resigning the job during I-485 stage

4

485_issues_help

New Member
Hi, Please bear a minute reading it as this is very important to me.

I am currently in my I-485 stage. My notice date is Nov 22nd 2001. WAC-02-053-#####.

I am currently working with the same company I applied my I-485 and I already have EAD and AP, but to be on safe side I have not used them and I am still on H-1 status.
I have another offer from a different company which is offering me a better salary and the job title also remains the same, since it has been more than 1 1/2 year I applied my I-485, I thought of shifting on AC21.
But the question I have is, that job is beginning from Nov 1st and during this two months I wanted to go to India as I have some personnal issues.
So I am planning to resign from the existing company, go to India and wanted to come back and join this new company from Nov 1st.
During these two months, since I do not have a job as I am resigining, I talked to a desi consultancy firm who agreed that even though they will not pay me these 2 months, but will enroll me into their company as an employee on EAD. And once I come back from India I will take up my real job on EAD with the other company.

Doing all this, am I really complicating my case or is it okay to resign my existing job, just get into the desi-consultancy on EAD and go to India and come back after two months and take up my other job on EAD.
I have some issues back home and I thought this will be a perfect timing, but I have to do some planning. And also once I resign from this job, is it a must that I have to become an employee before leaving to India or just come back and join the real company directly rather than going through the desi-consultancy firm.

Ur opinions are really appreciated.
 
In my opinion you are complicating your situation. It is absolutely
fine to have a break between leaving the old job and starting a new one. AC21 does not mention about any gap between the jobs or geographical location. Since you have AP, you will not face any problems at POE while returning. So what are you worried about? But if you want to keep your H1 status, probably your route may be OK.

Listen to what the other members of this forum say. To be absolutely safe, you may also consult a lawyer (not your present company lawyer).

Good Luck! :)
 
485_issues_help,

You are complicating your case.
1. After resigning from Company A, you are joining a Desi Company for 2 Months. I don't Know how much you are paying them to do this (Corruption- You are no good then Politicians). When you get your RFE for Pay Stub, i don't know how you will manage.
My suggestion: Join Company B and take Unpaid Vacation

My 2Cents
 
There could be a problem, if your current employer decides to withdraw the 140, during this period of unemployment. As per the recent memo, when the employer does that, the applicant should be able to prove that he/she is employed in a same or similar job.

Is it not possible for you to just take a leave of absence, so that your current employer does not sulk and withdraw your 140. Just a thought..
 
i agree with extra gin - try to take un paid leave of absence and come back get an experice letter (including unpaid time off) and give your resignation and join new employer.
 
even if you have 100% proof new job offer, never resign in advance, unpaid leave is much better option.
 
clarification on the message from lsamp or entry

Hi,

I totally agree with lsamp and entry regarding the unpaid vacation. But I have a good relationship with my existing mgr and team and I thought I will be very open to them rather take leave of absence and turn in my resignation once I come down from India.
It looks so obvious to them that I played a game.

And I cannot even take leave of absence from my new company because officially they are willing to take me in from Nov 1st, so thats why I came up with the desi-consultancy idea.

I mean, lets say I join the desi-cosultancy, even though he does not pay me, I am offically employed at his end, so later after two months I come back I will join the new company and I will also get a paycheck thereafter. so if an RFE comes then I will show the new comapnies pay stubs and employment. I will be only in a fix if an RFE comes in this two months and they ask me for paystubs which I will only have till Aug 31st(imagining that I resign this month end).
So do u guys think it is ok, doing it or any other suggestion.
 
I think you what you are doing is still "legal", but awkward. You are doing all this coz you dont want to let your manager down? Why dont you tell him/her about your situation upfront and ask to take unpaid leave instead of unnecessarily going on the rolls of another company? If you get RFE/interview, you will be asked about this. You should just prepare an answer for this, thats all.
 
don't feel guilty

Hi.
I am speaking from my perspective - but if I have to go to India for 2 months to take care of personal business and need the time off, I will go ask for the time off.

In the meantime, after I return I decide to resign and join a new company - great - unless your other company can match your new salary and give you the same or better growth opportunities, why would you stay with this company?

Be shrewd, be safe. Cover your ass, rather than try and micromanage the feelings of your current manager. As long as they dont know that you know you will resign in 2 months they wont feel bad. Even if they knew, you are going on unpaid leave - there is no economic loss to the old company.

Personal relationships with your boss/peers should transcend all this... infact if you really have a good relationship your boss should be recommending what we are - take leave, come back later and decide if you want to stay or leave.

Long_wait
 
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