unemplyee gap between two jobs

[casttree]

My I-140 and I-485 was filed on 03/2003 concurrently and I-140 was approved on 05/2003.

I will lose job the next week. I was interviewed with serveral contract positions (2 monthes - 1 year). I got an offer which I am not very satisfied. I am planing to turn down this offer and try to look another one in same city.

I hope to ask:


How long of unemployee period between new job and previous job will affect the decision of AC21?

If I did serveral short term contracts (2-6 monthes) before I get the permanat job for RFE, will it affect my GC?

Thanks

 

[TheRealCanadian]

Originally posted by casttree
How long of unemployee period between new job and previous job will affect the decision of AC21?

You can be unemployed for the entire time, so long as you have a permanent job offer at the time of I-485 ajudication.

If I did serveral short term contracts (2-6 monthes) before I get the permanat job for RFE, will it affect my GC?

No problem at all.

 

[sank]

Out of job - Status Violation H1B OR i 485???

Hi ReaCanadian,
According to law, Your statement is OK. But Practically
INS send out the RFE & Asks for W2 & Recent pay stub.
At the time of RFE, We can show some Permanent offer from
Consulting company. Before that, what abt for pay stub, Tax Return, Will it violate i 485 for the Unemployed months.


if one has been unemployed for long, will it be Out of Status
Under H1B. How about it applies when i 485 is pending.
Out of Job Creates the Out of Status with respect to H1B.

But this will more affect person with 485 Pending since one is going through lot of frustration abt RFE & INterview during i 485.

Please give Feedback .

Sank

 

[TheRealCanadian]

Re: Out of job - Status Violation H1B OR i 485???

Originally posted by sank
Before that, what abt for pay stub, Tax Return, Will it violate i 485 for the Unemployed months.

No, since there's no requirement under immigration law to be employed by the petitioner at any point before the adjustment is approved. USCIS asks for pay stubs and tax returns to determine if you were employed, and if you were working for someone whom you didn't have authorization to work for.

How about it applies when i 485 is pending.
Out of Job Creates the Out of Status with respect to H1B.

A requirement of H-1B status is that you be employed by the petitioner. No job, you've violated the status. However, since an I-485 is self-petitioned and there is no requirement that one be employed, having no job does not violate your status as an adjustee.

 

[Participant]

Re: Re: Out of job - Status Violation H1B OR i 485???

Originally posted by TheRealCanadian
[

A requirement of H-1B status is that you be employed by the petitioner. No job, you've violated the status. However, since an I-485 is self-petitioned and there is no requirement that one be employed, having no job does not violate your status as an adjustee. [/B]

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(general scenario follow-on issues).
Having utiliizing only H1(No EAD at any time) and 485 pending,
-If not on employment with H1B sponsor,the H1 holder is out of status.For 485(Adjust. of status )theoretically this situation
tantamount to Adjust.of (no) status to PR Status at approval?
--GC is for future employment and based on future job offer.
In this situation and if some one is out of H1 staus and have only future job offer,theoretically one can be jobless (or H1 Out of status) till 485 is adjusted, since the requirement of future job offer is valid and met?
--If above is oK. some one who can sustain need not use AC21 (as future employer is ready to employ after GC),and wait
for adjudication?(or 245K is invoked )
is it acceptable. ?or length of unemployment really matters for adjudication and approvaal to PR status?
or to be employed only before RFE is enough.
Intent behind Issuance of RFE may be indicates that they expect that one is employed either on H1 or EAD but how long is qeustion.
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Not legal opinion.Only lay man's impressions.

 

[krishna raj k]

How does this translate to the unpaid bech time during H1. I believe this should be an employer problem since he petitioned that he will give a full salary. The employee has no say in this.