My 140 EB1A (extraord ability) was approved 2 months ago with 485 pending. Although this was/is a self-petition category, I am not employed by my employer now who's "commanded high salary" letter was submitted with the 140 petition. (currently I am not working/out of job) There are plenty of jobs in my field...but I do not want to jump at the very first one. 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 paystubs etc even if I can show enuf funds from my savings to show that I can support myself while I am looking for a suitable job. All input is welcome.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
URGENT 140 eb1a appr with 485 pending
- Thread starter jhunjhun
- Start date
Job market is still tight. I have a friend who is out of work for almost a year. He also does not want to jump on the first available job.
If your I-485 will get transferred for an interview and you will be out of job that will be a huge problem. But it is very unlikely that they will be checking any gaps in your employment.
If your I-485 will get transferred for an interview and you will be out of job that will be a huge problem. But it is very unlikely that they will be checking any gaps in your employment.
eaglejoeli
Registered Users (C)
I don't think it'll be a big problem as long as you have a job in same field when they interview you. Temporary job loss is not something you can control. However, you need to show them that you intend to work in the field you claimed to have extraordinary ability in. What is your I140 notice date???
Since, you are self-petitioned, you should have no problem . EB1 EA does not require a job offer and you do not need to be in "employment," but you need to prove that you will be in the same field. I was approved as a self-petitioner even though I claimed that I will be self-employed in the same field.
Not a big deal
Please note:
1. Job offer (or, continuing in job) is NOT a requirement for EB-EA
2. Contuniuing contribution/service in the field IS a requirement
3. Proof that you will not be a public charge IS a requirement
Here it goes for you:
* don't worry about the job offer (point 1)
* continue sending paper(s) to conference(s) in your field so that point 2 is
always satisfied (isn't it very much doable ?)
* if interviewed, show bank balance and tax return etc to show that you are
not a public charge
you will be fine.
Please note:
1. Job offer (or, continuing in job) is NOT a requirement for EB-EA
2. Contuniuing contribution/service in the field IS a requirement
3. Proof that you will not be a public charge IS a requirement
Here it goes for you:
* don't worry about the job offer (point 1)
* continue sending paper(s) to conference(s) in your field so that point 2 is
always satisfied (isn't it very much doable ?)
* if interviewed, show bank balance and tax return etc to show that you are
not a public charge
you will be fine.
Here is the exact wording from I-140 instructions.
"Evidence that the alien is coming to the U.S. to continue
work in the area of expertise. Such evidence may include
letter(s) from prospective employer(s), evidence of
prearranged commitments such as contracts, or a
statement from the alien detailing plans on how he or she
intends to continue his or her work in the U.S."
But this is for I-140 stage.
On I-485 stage you have to basically prove that you will not be in public charge by providing same things as it says in I-140 or an affidevit of support.
It is true that significant amount of EB1-A applicants are self employed (have an income). But that does not mean that are out of job or unemployed.
My recommendation is to take a reasonable job in the same field (may be with a lower pay) and sit tight. Or obtain a license of a consultant (usually from a county goverment) and try to get a couple of private contracts.
Or as a last resort, produce a detailed plan for future employment.
I just went to an interview to a local office in Baltimore. I believe that the main reson for the interview was employment verification. As soon as I presented a letter from my employer, I was approved. And I did not get a single question about my I-140 petition. The officer only asked me about my current position and company name.
"Evidence that the alien is coming to the U.S. to continue
work in the area of expertise. Such evidence may include
letter(s) from prospective employer(s), evidence of
prearranged commitments such as contracts, or a
statement from the alien detailing plans on how he or she
intends to continue his or her work in the U.S."
But this is for I-140 stage.
On I-485 stage you have to basically prove that you will not be in public charge by providing same things as it says in I-140 or an affidevit of support.
It is true that significant amount of EB1-A applicants are self employed (have an income). But that does not mean that are out of job or unemployed.
My recommendation is to take a reasonable job in the same field (may be with a lower pay) and sit tight. Or obtain a license of a consultant (usually from a county goverment) and try to get a couple of private contracts.
Or as a last resort, produce a detailed plan for future employment.
I just went to an interview to a local office in Baltimore. I believe that the main reson for the interview was employment verification. As soon as I presented a letter from my employer, I was approved. And I did not get a single question about my I-140 petition. The officer only asked me about my current position and company name.
Last edited by a moderator: