rsrgc, pcee, dee rod: need clarification

G

gsr2001

Registered Users (C)
Hi:

I have a question. My RD is 07/19 (WAC-01-275-xxxxx). In my company
layoffs are going on right now. i have not got GC approved yet. if i loose my job, i donot think that i will get a job right away. what
is the maximum duration that i can be out of job to get my GC continued.
suppose if i get another job after three months(i.e., out-of-job for 3
months), what happens to my GC?

I appreciate your advices/suggestions.

thanks in advance ...

-gsr2001
 
Here are my thoughts...

gsr2001,

I am sorry to hear that.

1. Since you already passed 180 days after filing I-485 you are in a bit comfortable position.
2. Since your I-485 is filed you are in status irrespective of your H1, Since you have EAD you can work for any one, if you could find a similar job (for sake of GC) to your GC job. So there is no status or workpermit problem.
3. I don\'t think there is any fixed time limit saying that you need to find a job with in specified time.
4. If you get RFE you will have some time to respond to it, and in that case it is better if you could find a job before that. See following related thread on this subject...
ak1970 "guys interesting case details below" 1/29/02 11:29am
5. Let\'s say if you get your GC approved with out any RFE but when it is approved you were out of job then I am not sure if it is a problem! I read some where (unable to find the link now) some one saying that at the time of applying for citizenship it could come up as a question that "you were out of job when GC was approved!"

Good luck
PCee
 
grey area

Sorry to hear layoffs.

I talked to my lawyer recently. The answers from him:

1. If your I-485 passed 180 days, then you only need to find a similar job. There is no specific rule from INS about the salary, work location, the grace period between the 2 jobs.
2. the new job can be part time and contract but it has to be in the same or similar field. (INS has no definition of "same/similar")

These are grey areas from INS rules. So, most important points are you have to get another job and you have passed 180 days after filing I-485.

I know a lot of people get GC with out RFE, then you will be ok but you may have problem as PCee said when you apply for Citizenship.

Good luck!
llee
 
This may not be an issue during citizenship

From my understanding, you only have to demonstrate the work history for the past five years. So, I think you could be ok even if you got the GC approved when u did not have your job.

Just apply for your citizenship a bit late to ensure that u are covered..
 
thanks for your replies

Hi Pcee, llee, Manish1973:

Thanks a lot for your replies and giving me
clarifications/suggestions.

Regards,
gsr2001
 
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