urgent help needed

[amethist08]

Hi all,

I dont know if this is the right place to post this question. I would be glad if anyone can help me in this regard.

I have a EB2-NIW based I-140 approval. I was on H-1 visa in a university setting. But I lost my job shortly after approval. I dont know when I will be able to find a job, as my area of research is pretty unique and not many people work in this area.

My question is:

1) In this transition, for how long can I be unemployed with the pending AOS (I-485) maintaining my status? (any specific number of months).

2) How will the USCIS know that I lost my job? Will my previous employer notify USCIS? The reason I am asking is because I know that NIW does not need AC21 portability and if I am not telling USCIS that I changed job(when I join the next job) how will USCIS know that I indeed had lost job.

Thank you for your time!

 

[Thanigai]

Do you have EAD card? Once I140 is approved you are free to work on any areas...I don't think you must work in the same Subject. Meaning can find any job and work as long as you have EAD.....Guys correct me if I am wrong.
Thanks.

 

[Jackolantern]

I don't think there is a requirement to be employed anywhere before the green card is approved. But when it (the GC) is approved, it is my understanding that you need to work in the profession for which you were granted the NIW. As long as your I-485 is pending, you can continue to remain in the US, but you need to get an EAD or another H1B to work in another job while the 485 is pending.

2) How will the USCIS know that I lost my job? Will my previous employer notify USCIS?

When your H-1B employment is terminated, the employer actually is required to notify USCIS. But some of them don't, or they take a long time to do so.

 

[amethist08]

Thank you for yours opinions Jackolantern!

Can you please clarify some of my other concerns too.

1) God forbid, if 485 is denied due to this unemployment will I become out of status.

2) Can I convert to any other visa at that moment? like going on H4 visa, dependent on my wife.

3) If so, do I have to leave the country and come back or can I remain within US and apply for H4.

Thanks in advance!

 

[amethist08]

Do you have EAD card? Once I140 is approved you are free to work on any areas...I don't think you must work in the same Subject. Meaning can find any job and work as long as you have EAD.....Guys correct me if I am wrong.
Thanks.

Thank you for your opinion Thanigai! I can use my EAD to work only in same or similar field and thats the tough part for me as not many people work in my field.

 

[mmed]

Thank you for yours opinions Jackolantern!

Can you please clarify some of my other concerns too.

1) God forbid, if 485 is denied due to this unemployment will I become out of status.

2) Can I convert to any other visa at that moment? like going on H4 visa, dependent on my wife.

3) If so, do I have to leave the country and come back or can I remain within US and apply for H4.

Thanks in advance!

1- Yes
2- Not to any other visa but you can convert to few other visa e.g H after you finish the one year bar outside the US suppose you already finish the 6 years of H on states before the second one.
3- The answer may be in point #2

 

[amethist08]

1- Yes
2- Not to any other visa but you can convert to few other visa e.g H after you finish the one year bar outside the US suppose you already finish the 6 years of H on states before the second one.
3- The answer may be in point #2

Thank you for the response mmed!

1) I have nearly 3 more years of H1 remaining and I have never been on H4 visa before. Do I still have to do the one year bar outside the US? What are the options in my situation?

2) If I manage get a job before the 485 decision and be employed at the time decision, can this transition period of unemployment (supposing 2-3 months)still raise an RFE and eventual denial? Do they not entertain a short gap of unemployment. Because I have heard that after OPT expires one can stay in the US for 2 additional months.

Looking forward to your reply.

 

[mmed]

Thank you for the response mmed!

1) I have nearly 3 more years of H1 remaining and I have never been on H4 visa before. Do I still have to do the one year bar outside the US? What are the options in my situation?

2) If I manage get a job before the 485 decision and be employed at the time decision, can this transition period of unemployment (supposing 2-3 months)still raise an RFE and eventual denial? Do they not entertain a short gap of unemployment. Because I have heard that after OPT expires one can stay in the US for 2 additional months.

Looking forward to your reply.

Yes you can claim the other 3 years if you find sponsor without going anywhere.
2- If you find another job in the same or similr field, almost no effect on your pending I485 and even if RFE triggered, you can reply very easly. The USCIS want you to be in good shape during approval and do not care what happened before or after approval. OPT is different story and do not mix apple with orange

 

[amethist08]

Yes you can claim the other 3 years if you find sponsor without going anywhere.
2- If you find another job in the same or similr field, almost no effect on your pending I485 and even if RFE triggered, you can reply very easly. The USCIS want you to be in good shape during approval and do not care what happened before or after approval. OPT is different story and do not mix apple with orange

mmed,

Can I go on h4 visa? just in case I do not find a sponsor.

How do I answer the RFE, if triggered, for the unemployment during transition?

Thank you!

 

[mmed]

mmed,

Can I go on h4 visa? just in case I do not find a sponsor.

How do I answer the RFE, if triggered, for the unemployment during transition?

Thank you!

Yes you can go for H4 or H1. If you are at similar or same job, the answer is easy. If you are still unemployed at the time of RFE, you will be in big trouble. No RFE for few months unemployed if you secure another job before any RFE.

 

[amethist08]

Yes you can go for H4 or H1. If you are at similar or same job, the answer is easy. If you are still unemployed at the time of RFE, you will be in big trouble. No RFE for few months unemployed if you secure another job before any RFE.

Thank you mmed!