urgent help needed

A

amethist08

Registered Users (C)
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!
 
My suggestion to you would be to seek a legal advice from a lawyer. They might charge you an hour or half an hour for this. Your case is very critical and you certainly don't want to rely on an information from random people on the forum for such a critical and severe matter.
 
NIW is not filed by the employer and is not connected to employment. You can be unemployed when you apply for a NIW.

You can stay on EAD for as long as your AOS form is under review. once a decision is made that becomes the over riding decision: if it is denied you will considered to be in violation during your entire stay on EAD, if it is approved life is good and no problems.

My 2c.

I do not think you have to worry. But contacting a lawyer might not be bad.
 
Thank you for your replies nightsman! need your opinion for the following questions too:

1) In case of an RFE I know they ask W2, tax returns and Employment Verification Letter(EVL) for normal Eb2/3 cases. Do they ask all of them for NIW too, I assume they should NOT ask W2, tax returns for NIW as NIW cases do not need labor documentation. The reason being that, I may be able to get a job by then, but W2 and tax returns will be difficult questions in that situation.

2) Is there is a possibility for me to go on h4 status dependent on my wife if I-485 is denied?

Thank you blueone. I will try to seek attorney's help also in this regard.
 
National Interest Waiver and EB1

National Interest Waiver petition requests that the otherwise required United States. The green card erves as proof that its holder, a Lawful Permanent Resident, has been officially granted immigration benefits, which include permission to reside and take employment in the United States of America.
__________________________________________________________________
Carhartt Clothes budapest property
 
You must log in or register to reply here.
Top