Urgent Help Requested...

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raza01

Registered Users (C)
Hi All,

I am in a situation right now and seek advice from you folks urgently. I would really appreciate your insight into my situation. Here goes...

My and my wife\'s I-485 application was filed on 04/17/02 along with the AP and EAD applications. The RD for all of these is 04/17/02 and the ND is 04/19/02.
My company has asked me to go on paid vacation (to my home country) from July 5, 2002. I have about a month of paid vacation available, so I will be paid by my company till August 1, 2002. After that they have asked me to remain on unpaid leave for 3 to 4 months. Hence I will remain on their payroll (without pay, no pay stubs) until they need my services and call me back (is that possible?).

I should be able to get my EAD and AP by 07/19/02 (in the worst case). I won\'t leave the US without my EAD and AP. So my questions are:
1. If I go with the companies plan and go home for about 4 months, will my 485 be affected?
2. If I change jobs as soon as my EAD is here, how will my 485 be affected?
3. Is there a third approach to this situation?

Please reply urgently as I am in dire need of advice.

Thank you in advance.
 
Stay here if possible

My suggestion is don\'t leave the US at all until you get you GC.
Your employer should not have a problem with that since they are not paying for your stay during your leave of absence. By then you should have your EAD. You can work anywhere on your EAD and so support your stay for the 3-4 mo.s while you are on the Bench. How this affects or does not affect your case is best understood by your attorney. My understanding though is that as long as you maintain your original job as your PRIMARY EMPLOYER, your GC process should continue. You may not want to tell your employer you are going to get another job for the 3-4 mo.s as they may mis-interpret it and decide to just lay you off rather than bench you.

QUESTION : If I change jobs as soon as my EAD is here, how will my 485 be affected?
MY ANSWER : Don\'t try to change jobs before your 180 days from Notice date are up. ( Portability provision of AC21 )

But I will say this.......Avoid the uncertainty associated with trying to re-enter the US under the current political as well as your personal circumstances as far as possible.
 
Thanks for your advice.

Thanks you for your valuable advice, bkd52. I appreciate it very much.
 
raza01

I support the previous suggestion. Be in good terms with your employer and do not give them an impression that you are searching another job. You can take up another job after 6 months if you want.
If possible try to keep copies of Labor certification etc, so that you can make sure you go to a similarly defined job. You can request the new employer to phrase the nature of job on the lines of present Labor.
Good Luck.
 
Don\'t leave the country ....since you will get EAD

They could send you a termination notice once you leave the country. INS takes more than 180 days to look at any case ..so you should be fine even if you start work on EAD.
The bad part is your company can screw things up by withdrawing your !I140 petition. If things don\'t work out between your company and you ... give them the impression you are going home and stay back.
 
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