unemployment NIW 485 pending

O

okla

Registered Users (C)
My 140 NIW (EB2) was approved 4 months ago with 485 pending and this is a self-petition category. My contract will be expired before my I485 approval and it probably won’t be renewed with my employer who provided employment letter when I submitted 485.

If I could not find a job in my field immediately, would a lapse of 4-6 months cause any problems with adjustment.... say if I was not to work at all (for 4-6 months). Also if I work temp jobs for 4-6 months would it cause any problems? Also at any point in adjustment do they ask for pay stubs etc even if I can show enough funds from my savings to show that I can support myself while I am looking for a suitable job. All input is welcome.
 
okla,

I was in a similar position in 2004. I left US before losing status. My self-petition remains valid. NIW applications are employer-independent and does not require you to stay in the US. As a matter of fact, take this as an opportunity to explore international (London/HK/Sing or Mumbai/B'Lore etc.) opportunities. Your NIW case would then possibly get strengthened....

Don't take chances by getting out of status ...

Best of luck.
 
Thank you very much for your reply, chatterjee.

One more question—Am I leagal to stay in US since my 485 is pending?
 
Technically, You are legally allowed to stay in the country as long as you have pending I-485. with NIW or Eb1-OR when you get RFE about continued employement or national interest work....then you need to explain the work status well...............
 
Hi guys,
Some suggestions and questions.
1.If I485 is pending you have to be physically here in USA, right? So if you leave USA, and supose it is denied due to some reasons then its hard to come back. So according to me it is not advisable to leave usa.
I am in similar situation but I have to still file I485. If I have to leave the country and I later find a job and want to come USa. I can opt for consular interrview. Is it better to go for it or come on H1B and then file for 485.?

2.Also if you gonna show money from savings, then how much you have to show it? I think it is necessary to have regular employment(even though salary is less than poverty line) in case you have that much savings money.

3. Does "postdoc" position is considered permanent for NIW? Supose considered temparary is it going to harm I485?

4. May be you can try for temporary position and in the interview explain that you intend to work in the national interest when you get your greencard since not having it is preventing you from getting certain national interest job.
what you think?
 
1.If I-485 is pending. You have AP then its wise to watch VISA bulletins and current dates at center. If you think you are way away from being getting approved then you can take risk of going on AP. H1b VISA approved or stamped always a good choice!!!


2. enough to show you can support life in US at that particular city where you plan to stay...like rent, medical, food...etc etc.

3. Psotdocs are fine for NIW. This is respected position ......even if its training!!
 
Hey eb1doc,
Thanks for reply.
Also if you gonna show money from savings, then how much you have to show it? I think it is necessary to have regular employment(even though salary is less than poverty line) in case you have that much savings money.

enough to show you can support life in US at that particular city where you plan to stay...like rent, medical, food...etc etc.

My question is but one still should have job with some salary right? only savings money is not sufficient.
 
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