QUESTIONS - Jobless on EAD

[supreet]

Gurus,

I am in desperate need of help.

I am an Aug 2007 485 filer (after I140 was approved). Have been on EAD for over a year. Prior to that was on 7-8th year extension on
H1b (so that is now exhausted).

I was just laid off, my last day will be May 15th. I have not been able to find a new job with same (or even different) responsibilities.
What are my options?

1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?

2. If I receive a RFE and I don't have a new job, what are my options?

3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?

4. Can I be employed by a company and be on the bench (not getting paid) while I look for a similar job?

5. If I get a RFE from USCIS, how much time do I have to find a new job with similar responsibilites and responsd to RFE.

6. Can anyone recommend a really good immigration lawyer in San Francisco, San Jose area?

Any help will be HIGHLY appreciated.

Thanks all.

- S

[Better_Days]

Hopefully someone more experienced than me will answer some or all of your questions. Here is what my understanding of the situation is


1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?


Stupid USCIS will probably issue an RFE or NOID. You can respond to it by stating that you are employing AC21

2. If I receive a RFE and I don't have a new job, what are my options?

You are in trouble, then :(

3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?


As long as you can present an offer letter for full-time job that is similar to the one that your PERM specified, you are OK.

Best of luck and remember that I am not a lawyer. I hope someone will be able to point you to a good attorney.

[Humhongekamyab]

Gurus,

I am in desperate need of help.

I am an Aug 2007 485 filer (after I140 was approved). Have been on EAD for over a year. Prior to that was on 7-8th year extension on
H1b (so that is now exhausted).

I was just laid off, my last day will be May 15th. I have not been able to find a new job with same (or even different) responsibilities.
What are my options?

1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?

2. If I receive a RFE and I don't have a new job, what are my options?

3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?

4. Can I be employed by a company and be on the bench (not getting paid) while I look for a similar job?

5. If I get a RFE from USCIS, how much time do I have to find a new job with similar responsibilites and responsd to RFE.

6. Can anyone recommend a really good immigration lawyer in San Francisco, San Jose area?

Any help will be HIGHLY appreciated.

Thanks all.

- S

Supreet there was a long discussion on this topic in late March/ early April. You should get all the answers from that thread. All the best.

[supreet]

Thanks for your responses.

HumHongeKamyab, I was not able to find the thread you were talking about. Do you have the link to that thread handy?

Anyone.....any help/suggestions?

Thanks,
S

[Unsung_Hero]

Supreet, It's been 5 months since my old company revoked my I-140. They kept me on their payroll for 2 more months (paying me the pending PTO, bonus, etc). For the last 3 months I have been looking for a job, and I have not received any paycheck during these 3 months. So far I have not received any RFE or even an LUD on my I-485. The I-140 case has not been updated either. But I did receive a biometrics appointment for later this month.

I guess I have been lucky. This may not be the case with everyone, ofcourse.

Hopefully I will get a job soon and wouldn't have to worry about an RFE anymore.

I think an offer letter should be sufficient to satisfy an USCIS RFE. Sometimes they ask for company documents like previous year tax returns, loss/profit statements, bank account statements, etc in additional to an EVL, but that is uncommon.

[morchu]

It is rather illogical that USCIS expects you to be ready to reply to an employment RFE any time they ask, anytime during the whole 10 year (or more) waiting in que period of 485. But that is the truth. You probably will get 30 days, in case of an RFE. And you may be lucky/unlucky based on the USCIS timing of the RFE.

Answer to your questions

1. Withdrawal of 140 has no effect at this point.
2. if the RFE is regarding EVL you are screwed if you are cannot find a same/similar position in time frame to reply to RFE. There are some options like "self-employment", maybe difficult to prove as a GC job. There are some threads talking in detail about them.
3. A "legitimate" offer of "permanent" employment is in "same/similar" is sufficient. But it is on the shoulder of the applicant to prove the keywords : "legitimate", "permanent" & "same/similar".
4. Being "employed" has no advantage/disadvantage. Being employed at "same/similar" job is the key, when replying to RFE.
5. Maybe some other members can refer from their experience. But I hear that it is 30 days now.
6. -------

Gurus,

I am in desperate need of help.

I am an Aug 2007 485 filer (after I140 was approved). Have been on EAD for over a year. Prior to that was on 7-8th year extension on
H1b (so that is now exhausted).

I was just laid off, my last day will be May 15th. I have not been able to find a new job with same (or even different) responsibilities.
What are my options?

1. What happens if my previous company withdraws the I140 application and USCIS sents a RFE?

2. If I receive a RFE and I don't have a new job, what are my options?

3. Can I show an offer letter from a company? Will that suffice or do I need to show pay-stubs, salary slips, project information etc?

4. Can I be employed by a company and be on the bench (not getting paid) while I look for a similar job?

5. If I get a RFE from USCIS, how much time do I have to find a new job with similar responsibilites and responsd to RFE.

6. Can anyone recommend a really good immigration lawyer in San Francisco, San Jose area?

Any help will be HIGHLY appreciated.

Thanks all.

- S

[desi3933]

....
It is rather illogical that USCIS expects you to be ready to reply to an employment RFE any time they ask, ...


I-485 applicant (employment based) MUST have permanent job offer AT ALL TIMES until I-485 is approved.

This could be unfair to the I-485 applicant, but that's the law.

[arunmohan]

supreet:


Please refer the link.

http://www.nydailynews.com/ny_local/2009/05/07/2009-05-07_your_new_guide_to_public_benefits_for_immigrant s.html

Please ask your attorney too.

[sri1309]

I-485 applicant (employment based) MUST have permanent job offer AT ALL TIMES until I-485 is approved.

This could be unfair to the I-485 applicant, but that's the law.

Desi,

Can you please clarify if you meant a Job offer, or a Job.
I can be jobless for next 3 months, but can have a permanent job offer from Company X for a date after 6 months. So I can hold my job offer letter all the time when I am jobless, cant I?. Lets say I'm in training

[desi3933]

Desi,

Can you please clarify if you meant a Job offer, or a Job.
I can be jobless for next 3 months, but can have a permanent job offer from Company X for a date after 6 months. So I can hold my job offer letter all the time when I am jobless, cant I?. Lets say I'm in training

what should I call you
sri1309 or suriajay12

http://www1.immigrationvoice.org/forum/showpost.php?p=327841&postcount=36

I don't appreciate that you used multiple IDs for your own motives and I don't wish to respond to your questions either.


.

[morchu]

Which "law" quoted the words "AT ALL TIMES" ?

From my readings "law" is very vague on this part. The closest interpretation was on the USCIS memo dated 2005/dec/27, which states "The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated."

But still it doesn't interpret as "AT ALL TIMES" (without a gap).

All USCIS ask is the "current" offer of employment.

So
1. You should have a legitimate offer at the time of 485 application
2. You should have a legitimate offer at the time of adjudication/RFE.
(obviously same/similar & permanent)

That's all the current interpretations are.

I have no question that you risk your GC any period you are un-employed, since they can ask for EVL at any time.
But that is different than a "legal requirement" to be employed (or having an offer) "at all times" (no gap).

Having a period of unemployment have no effect on your pending 485, as long as you have a legitimate offer at the time of RFE.

I-485 applicant (employment based) MUST have permanent job offer AT ALL TIMES until I-485 is approved.

This could be unfair to the I-485 applicant, but that's the law.

[JunRN]

While USCIS does not require us to prove the we have a continuous job offer at the pendency of the AOS application, it's the spirit of the law to have it.

It's like saying that you can speed as long as there's no speed trap and when there's a highway patrol or speed cam, you follow the limit and you'll be fine.

[ilikekilo]

I-485 applicant (employment based) MUST have permanent job offer AT ALL TIMES until I-485 is approved.

This could be unfair to the I-485 applicant, but that's the law.

any links to the rule/law for the same?

[JunRN]

I don't think its written word for word in the law. However, if you see the RFE about it, the text mentions the word "permanent".

By logic, if USCIS can issue RFE at any point in time while I-485 is pending, then can we say in reply to RFE that we don't have an offer right now but we promise to get same/similar occupation after getting GC? We'll get denied, right?

[krupa]

1.You should have a legitimate offer at the time of 485 application from your employer
2. Your present employer should re confirm that they are going to hire you for permanent position, if 485 approved, if there is an RFE at the time of adjudication.

This is what I heard from my attorney for EVL related RFE's

I don't think its written word for word in the law. However, if you see the RFE about it, the text mentions the word "permanent".

By logic, if USCIS can issue RFE at any point in time while I-485 is pending, then can we say in reply to RFE that we don't have an offer right now but we promise to get same/similar occupation after getting GC? We'll get denied, right?