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zyx2002

Registered Users (C)
Hi,

My finger printing happened in Nov 2004. EB3 RD Jan 2004. Priority Date Nov 2001.

I have some major differences with my manager and I may get laid off anytime.

I also had a very serious knee surgery and recovering from it.

Due to the surgery and job stress I am feeling burned out(12 years in software and this never ending wait for GC has completely drained me).

I have decided that if I do loose the job I am not going to try for a job here anymore but go back to India if my GC doesnt work out. I have got admission to MBA program in a ivy league school so if I manage to get the GC I will just chillout till Sep 2005 get rid of the burnout effect and then join the fulltime MBA program. However if my GC doesnt workout I will go back to India and go to an IIM.

Gurus I need your answer:

1. If I loose the job before GC approval then how long can I stay in US. I am planning to stay to see what USCIS decides. Also due to my surgery I need to go for physical therapy etc for atleast next 6 months. I can do that using COBRA insurance plan. But I dont want to spend a single day here out of status. Till now I have always been in status and want to maintain it.

2. Typically if I loose job what will happen? Will the employer report it to USCIS?

3. If USCIS comes to know of my dismissal will they raise an RFE?

4. How much time is allowed to answer an RFE?

5. I have recently applied for EAD renewal. I think I will get EAD renewal till Feb 2006. If an RFE is raised can I still stay in US till the validity of EAD?

6. If USCIS find that my job is terminated and I dont have another job in similar category does it mean it will automatically reject the I485 app?

7. If I485 is rejected how long do I have to leave USA ( for H1 I believe one has to leave in 10 days, any such rule in case of I485).

8. If I get laid off and USCIS do not pass a decision or RFE (with all the confusion with name check this is quite possible) can I stay till validity of EAD?

I have worked for many years in USA. So I need some time to take care of financial stuff like 401K withdrawl, selling my house etc. So I need atleast 2-3 months. If I get laid off will I get atleast this much time or will have to leave before?

Gurus your input is greatly appreciated.
 
See my answer after the ---

1. If I loose the job before GC approval then how long can I stay in US. I am planning to stay to see what USCIS decides. Also due to my surgery I need to go for physical therapy etc for atleast next 6 months. I can do that using COBRA insurance plan. But I dont want to spend a single day here out of status. Till now I have always been in status and want to maintain it.
--- Typically once your I-485 is filed you do not have to remain employed !! May sound unbeleivable, but unlike H1, in which you have to be continously employed to remain in status, once you file I-485 you do not fall out of status by not working. Only caveat is that USCIS may rasie an RFE for EVL, and at that time you must be able to show proof or employment or an offer of employment.


2. Typically if I loose job what will happen? Will the employer report it to USCIS?
--- Employer does not and should not report anything to USCIS. Beware of a spiteful employer though. Even if they report you , USCIS will issue an RFE or NOID and you will then have an option to show you that you havfe a job elsewhere or you have an offer of employment. Again, in all this your not working does not put you out-of-status.

3. If USCIS comes to know of my dismissal will they raise an RFE?
--- They might.

4. How much time is allowed to answer an RFE?
--- Typically 90 days.

5. I have recently applied for EAD renewal. I think I will get EAD renewal till Feb 2006. If an RFE is raised can I still stay in US till the validity of EAD?
--- EAD has nothing to do with your stay. YOu can stay in US (legally) until a desicion is made on your I-485.

6. If USCIS find that my job is terminated and I dont have another job in similar category does it mean it will automatically reject the I485 app?
--- If they raise an RFE/NOID and you cannot show proof of employment, yes they will reject your 485.

7. If I485 is rejected how long do I have to leave USA ( for H1 I believe one has to leave in 10 days, any such rule in case of I485).
--- You have to leave immidiatly. But practically you should leave within 6 months of rejection of I-485. Because after 6 months of unlawful presence you incur 3 year ban on entry to US (10 year after 1 year unlawful stay)

8. If I get laid off and USCIS do not pass a decision or RFE (with all the confusion with name check this is quite possible) can I stay till validity of EAD?
--- Again, EAD has nothing to do with status. Do not confuse this with H1. EAD gives you permissionn to stay, while your leagl status comes from your pending I-485.

All he best. Chill out and take care of stuff that need to be taken care of. Don't worry, you are in status till a desicion is made on your I-485.
 
Last edited by a moderator:
thanks

Serta,

Thanks a lot.

To summarize:

Even if USCIS raise an RFE I have 90 days to answer. 90 days is sufficient for me to finish all my stuff and go.

If I get terminated and still USCIS do approve my I485 then things are fine right. There should not be any issues with getting passport stamped etc.

If an RFE is not answered by 90 days or the time allocated does that mean I485 will be denied?
 
If I get terminated and still USCIS do approve my I485 then things are fine right. There should not be any issues with getting passport stamped etc.
--- Correct. There should not be any issues with stamping as stamping is only a clerical formality.

If an RFE is not answered by 90 days or the time allocated does that mean I485 will be denied?
--- Yes. In the RFE they state "If you do not respond to this request within the time allowed, your case will be considered abondoned and denied".
 
thanks a lot

Serta,

Thanks a lot.

You wrote
"But practically you should leave before 6 months of rejection of I-485"

I believe there is a typo and you meant :
If I485 is rejected you should leave within 6 months of date of rejection.
 
zyx2002 said:
Serta,

Thanks a lot.

You wrote
"But practically you should leave before 6 months of rejection of I-485"

I believe there is a typo and you meant :
If I485 is rejected you should leave within 6 months of date of rejection.
Click to expand...

Corerect that is a typo.

Just a friendly suggestion. Have you thought of taking a well earned vacation ? A vacation can do wonders for you !!! And after taking the vacation you may not feel this much 'burned out'. :)
 
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