What to do re RFE for AOS while laid off

B

bugs2006

New Member
Since the unemployment rates are very high and new jobs are hard to find:

Consider the following:
1. If someone has AOS pending for more that 4 years and has a valid EAD
2. he gets laid off and


Questions:
1. If CIS decides to process his case and sends out an RFE - if the person is unable to find a job or a new good faith offer - what happens then?
2. Can he use the self-employment option? What are his other alternatives?
3. If the person is laid off and his AOS is approved without any RFE, is the green card valid?
4. If a person has EAD, and gets laid off, does he have to work in the same or similar field to get the Green Card?
[In other words, does it matter which field he is employed in if he gets an RFE?]

Thank you in advance.
 
Sorry for not providing details....

I-140 approved ( NIW)
I-485 pending (apllied @ Oct 03,2007, processing date Sep01, 2007)
I am on EAD and lost job and seems that I-485 is going to process in a month...
What do I do guys? what are my option.
 
bugs2006 said:
1. If CIS decides to process his case and sends out an RFE - if the person is unable to find a job or a new good faith offer - what happens then?
The I485 will be denied if The RFE is questioning job status
2. Can he use the self-employment option? What are his other alternatives?
Yes if in the same or similar field. Other options is to find similar or same job.
3. If the person is laid off and his AOS is approved without any RFE, is the green card valid?
For sure yes
4. If a person has EAD, and gets laid off, does he have to work in the same or similar field to get the Green Card?
EAD is good for any job. The pending I485 needs same or similar job in case RFE triggered
[In other words, does it matter which field he is employed in if he gets an RFE?]
It does matter for sure, if you are researcher in bilology you can not justify delivering Pitza for example

Thank you in advance.
Click to expand...

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chem02 said:
Sorry for not providing details....

I-140 approved ( NIW)
I-485 pending (apllied @ Oct 03,2007, processing date Sep01, 2007)
I am on EAD and lost job and seems that I-485 is going to process in a month...
What do I do guys? what are my option.
Click to expand...

Mostly in NIW no RFI regarding job is triggered. few cases have
 
bugs2006 said:
Since the unemployment rates are very high and new jobs are hard to find:

Consider the following:
1. If someone has AOS pending for more that 4 years and has a valid EAD
2. he gets laid off and
-----------------If his/her I-140 is approved and I-485 is pending more than 180 days that makes you eligible for AC21. Find new job and new employer should be ready to give you job offer letter with same/similar job duties to invoke AC21 with pending I-485. one can join new employer with EAD or H1 transfer.

Questions:
1. If CIS decides to process his case and sends out an RFE - if the person is unable to find a job or a new good faith offer - what happens then?

--------------------------For I-485 approval one needs to have Permanent job offer. If no permanent job offer I-485 will be denied.

2. Can he use the self-employment option? What are his other alternatives?

------------------No, read above.

3. If the person is laid off and his AOS is approved without any RFE, is the green card valid?
-------------------yes. USCIS send RFE only if any document is missing or they need more info from you.

4. If a person has EAD, and gets laid off, does he have to work in the same or similar field to get the Green Card?

------------------ Green Card is for future job after I-485 approval. according to AC21 Memo one need to have job offer letter with same/similar job duties.

[In other words, does it matter which field he is employed in if he gets an RFE?]
------------------- you need to be in same field as on your LC and I-140.

Thank you in advance.
Click to expand...
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bugs2006 said:
2. Can he use the self-employment option? What are his other alternatives?
Click to expand...
Yes, self-employment can be done, and this was confirmed in Question 8 of the December 2005 AC21 Aytes memo issued by USCIS.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

However, self-employment is risky because it must be "same or similar", and very often it is the case that being self-employed is very different from being employed by somebody else, because of the nature of the duties of running your own business. In addition, if you claim to be self-employed, they will expect you to provide some evidence of adequate revenue and/or capital funding; you can't just wake up one day and call yourself self-employed.
 
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