Unemployed with 485

[indogal]

Greetings,

I am on 485 (I-140 has been approved past 6 months), with EB3 ROW, PD April 2007. I know it will take additional one - two years before I get my 485 approved.

Will it be possible that I quit my job right now and work on my own venture for a while? I should be able to secure a future employment letter when inquired by CIS, but I am not sure if my unemployment status of 2 years may pose a bad light to the officer. I.e. will the officer be wondering why I am unemployed for 2 years and suddenly I already have a future employment letter? Will this risk my position?

Also, assuming if I do decide to go back to the workforce after 6 months of unemployment, will this lessen my risk a little? Or will it still be looked upon unfavorably?

Thank you in advance! Your help is much much appreciated.

[gcwait2007]

Answers provided in bold and red font.

Originally Posted by indogal

Greetings,

I am on 485 (I-140 has been approved past 6 months), with EB3 ROW, PD April 2007. I know it will take additional one - two years before I get my 485 approved.

Will it be possible that I quit my job right now and work on my own venture for a while?

Yes, you can. Please note that your activity in your own venture should be the same as per your PERM labor approval. Hope you have approved EAD

I should be able to secure a future employment letter when inquired by CIS, but I am not sure if my unemployment status of 2 years may pose a bad light to the officer. I.e. will the officer be wondering why I am unemployed for 2 years and suddenly I already have a future employment letter? Will this risk my position?

In case of RFE for employment verification, no one produces Future employment letter. The USCIS asks for current employment verification letter.

Also, assuming if I do decide to go back to the workforce after 6 months of unemployment, will this lessen my risk a little? Or will it still be looked upon unfavorably?

You can be safely unemployed for few months when your I-485 is pending. Whenever USCIS sends you RFE for employment verification, you should be in a position to prove your current employment at that time.
Thank you in advance! Your help is much much appreciated.

[indogal]

Thanks very much, gcwait!

You are correct about RFEs. Do you happen to know how many of the GC cases actually ask for RFEs?

Also, is quitting a job voluntarily versus being laid off/fired looked upon more unfavorably? The premise is: why would you want to quit a job that sponsors your gc and be unemployed, when there are all these people that wish they could keep their job?

Thanks again.