Laid off on EAD

[supreet]

Hello All,

Here is my situation. I have been in US since 98 (originally came on F1). After series of job change, filed for GC in Nov 2006.
in August 2007 fiasco, was able to file for 485 (I140 was approved) and got the EAD. EAD was renewed last year (Sept 2008) for 2 years.
I was on 7-8th year H1b extension when I switched to EAD.
Now, my company has given me a 2 weeks notice and I will be without a job from the middle of the month. Now my questions are -

1. How long do I have to find another job? What will be my status if I am not able to find a new job soon (looking at the current market, its quite possible).

2. My wife is working on dependend EAD for the last 1 year. Can she continue to work even if I lose my job? What happens to her EAD if I am not able to find a job soon?

3. Can my job be of a different profile (different than what was approved for my labor) at least for the time being? I will continue to look for a job with same profile but in the mean time can I do something else?

4. If don't get a new job (same or different profile) for the next few months say till December, can it cause a issue when my 485 is finally approved a 1000 years from now? Can they look back and object that I was without job for 4-6 months and I still stayed in the country?

Any help, guidance, suggestions will be HIGHLY appreciated.

Thanks

- s

[bpadala]

I am sorry to hear whats going on with you. I am also in the same boat and its a pure coincidence that your profile almost matches with mine except that you came 2 years earlier than me to States.

Here are my answers to your questions. I cannot confidently say these are right answers but do take opinions from others who are more knowledgable than me..

Hello All,

Here is my situation. I have been in US since 98 (originally came on F1). After series of job change, filed for GC in Nov 2006.
in August 2007 fiasco, was able to file for 485 (I140 was approved) and got the EAD. EAD was renewed last year (Sept 2008) for 2 years.
I was on 7-8th year H1b extension when I switched to EAD.
Now, my company has given me a 2 weeks notice and I will be without a job from the middle of the month. Now my questions are -

1. How long do I have to find another job? What will be my status if I am not able to find a new job soon (looking at the current market, its quite possible).

A: There is no stipulated time for this. The sooner the better for you and your status. At the time of adjudication they can give leverage to you for atmost 180 days of stay with out any job with out any penalty.

2. My wife is working on dependend EAD for the last 1 year. Can she continue to work even if I lose my job? What happens to her EAD if I am not able to find a job soon?

A : She can continue to work even if you lose your job.

3. Can my job be of a different profile (different than what was approved for my labor) at least for the time being? I will continue to look for a job with same profile but in the mean time can I do something else?

A : No you will have to find a job that is either same or similar to the one thats mentioned on your LCA /I140 Approval. Make sure you abide to this requirement at any cost.

4. If don't get a new job (same or different profile) for the next few months say till December, can it cause a issue when my 485 is finally approved a 1000 years from now? Can they look back and object that I was without job for 4-6 months and I still stayed in the country?

A : They can very well ask for W2's and paystubs for any stipulated period of time. If you are lucky you might not get all these questions, the safer the better. Just pray that you dont get any RFE in the mean time asking for Employment Verification Letter on your pending I485 application.

I wish you all the luck and am sorry to hear this. I wish you and your family come out in flying colors...

Any help, guidance, suggestions will be HIGHLY appreciated.

Thanks

- s

[babuworld]

Originally Posted by supreet

Hello All,

Here is my situation. I have been in US since 98 (originally came on F1). After series of job change, filed for GC in Nov 2006.
in August 2007 fiasco, was able to file for 485 (I140 was approved) and got the EAD. EAD was renewed last year (Sept 2008) for 2 years.
I was on 7-8th year H1b extension when I switched to EAD.
Now, my company has given me a 2 weeks notice and I will be without a job from the middle of the month. Now my questions are -

1. How long do I have to find another job? What will be my status if I am not able to find a new job soon (looking at the current market, its quite possible).

2. My wife is working on dependend EAD for the last 1 year. Can she continue to work even if I lose my job? What happens to her EAD if I am not able to find a job soon?

3. Can my job be of a different profile (different than what was approved for my labor) at least for the time being? I will continue to look for a job with same profile but in the mean time can I do something else?

4. If don't get a new job (same or different profile) for the next few months say till December, can it cause a issue when my 485 is finally approved a 1000 years from now? Can they look back and object that I was without job for 4-6 months and I still stayed in the country?

Any help, guidance, suggestions will be HIGHLY appreciated.

Thanks

- s

Hi Supreet,

Sorry to hear the bad news.

Goods and bads.

Bad part first, it will be a problem if your employer informs USCIS or revokes your I-140. USCIS might send you RFE asking about ur employement.

Good news if your employer dont inform USCIS for next two months the you can search for similar job within next two months. There is not time limit who long you can be with out job on EAD. H1b says you have to be on project from the movement you get SSN. so dont worry buy some time from your employer and find new job ASAP.

[morchu]

See the answers:

1. No issues with your status as long as the 485 is pending. You can be jobless for years and be completely legal when 485 is pending.

2. She can work in EAD. No issues even if you are unemployed.

3. Your EAD permit you to work for any job. No constraints. You can do whatever job as long as your EAD is valid and 485 is pending.

4. No issues. You can remain jobless for years, and have zero impact on your 485.

Now, being mentioned the above facts, let me remind you of a "catch".

At the time of pre-adjudication or around the time of approval of 485, there is a chance that USCIS might ask you to provide proof of your GC job. At that time (if it happens) you should be able to provide a proof of "permanent" prospective employment, with "same/similar" job duties mentioned as in your original LC.

So till then you are a free bird.

Since your priority date is 2006, I dont see a reason for USCIS to look into your case and issue RFE. But recently many (filed at Nebraska Service Center) had reported that USCIS is looking into their case, even if priority date is too far from being current. Another trigger for such an RFE might be when USCIS gets to know specifically about your layoff for some reason.

After an RFE you may not get enough time to find your "same/similar" job. So continue your job search rigorously.

Originally Posted by supreet

1. How long do I have to find another job? What will be my status if I am not able to find a new job soon (looking at the current market, its quite possible).

2. My wife is working on dependend EAD for the last 1 year. Can she continue to work even if I lose my job? What happens to her EAD if I am not able to find a job soon?

3. Can my job be of a different profile (different than what was approved for my labor) at least for the time being? I will continue to look for a job with same profile but in the mean time can I do something else?

4. If don't get a new job (same or different profile) for the next few months say till December, can it cause a issue when my 485 is finally approved a 1000 years from now? Can they look back and object that I was without job for 4-6 months and I still stayed in the country?

[supreet]

Bpadala, Babuworld and Morchu, thanks so much for your quick responses.

A couple of followup questions.

1. So can I get a job in a different profile and not file for AC21. Finally, when I am able to get a job with same profile I will
switch again and then file for AC21 (Morchu, as you said, I am EB3, it will be at least 4-5 years before my 485 comes for approval).
Can there be any potential issue with this approach?

2. What happens if my company does withdraw I140? Now that my 485 has been pending for more than 180 days, should I even worry about it?
What can I do to mitigate any potential issue?

3. Just to be on a safe side (in case USCIS does send a RFE) is it better to get an offer letter with the exact same profile from a desi
company (or I register my own company with same profile) while continue to look for a job? Any potential issues with that?

Thanks again for all your responses.

- s

[brahmam]

Evreything sounds fine but be careful about filing a job with a different profile. You have several things to do :

1. first, find a job ASAP. if there's an employer related RFE, you will be in trouble. A health related one is easier.
2. make your new employer file for AC21. not mandatory but recommended all the same.
3. ensure your new job has at least 50% of the same job duties as the original LCA. also hire a good attorney who can fight for you on this. this is ONLY if you HAVE to go take up such a job. in reality, you should find a very similar job as your current job.

Good luck.

[tuhin]

I know a specific case, where the ex-employer requested for an extension, to respond to the RFE. This may be of help.

I feel the pain buddy.

[jthomas]

I have the same PD as yours and i am laid off too. Being in EAD you are legal by status. Try to search same or similar job.

Regarding my case,

1. i got laid off 6 weeks back. I have applied for Unemployment benifits. I have also received the UI checks and have deposited in my account

2. while applying for UI, They report to USCIS and verifies whether we are legal to work. So USCIS knows i am laid off. I have not received any RFE.

My 2 cents,
1. Don't be scared about getting laid off. There are many who have been laid off recently. Check the reason for getting laid off. My reason was " Due to the economic recession in the USA and affecting XXXX inc.

2. Applying for UI is your decision, Since my PD is Oct - 06, EB3 it would take a long time to get a GC. So i am not scared even if i have to leave this country. I better use the benifits i would get. I would suggest you to reseach on this before applying for UI. by the way, my lawyer suggested me not to apply for UI.

J Thomas

[hiralal]

Originally Posted by jthomas

1. i got laid off 6 weeks back. I have applied for Unemployment benifits. I have also received the UI checks and have deposited in my account

My 2 cents,
1. Don't be scared about getting laid off. There are many who have been laid off recently. Check the reason for getting laid off. My reason was " Due to the economic recession in the USA and affecting XXXX inc.

J Thomas

wow ..you are brave, smart and well prepared !!
is it easy to apply for UI ? does it affect your case in the future ?
I agree with your view point though and I would do the same ...and like you I don't mind going back to India (my home country).. things are definitely better there and US is not what it used to be ..

[mpillai]

Good to see people like JThomas, with backup plans.

Originally Posted by hiralal

wow ..you are brave, smart and well prepared !!.

[radhay]

jthomas, I like the way you have thought through your options. I have a feeling luck always favors the brave. Wish you all the best.

[radhay]

supreet, I am also here since 98 trying to get through this GC process. I was told by employer (after getting attorney's advise) that if on EAD there is no need to be on the job through out the process. If an RFE is issued you may be able to get EVL from some desi company.

[morchu]

"on EAD" is a wrong word here. it doesnt matter whether you are "on EAD" or NOT.
The key is "pending 485".

Similarly when responding to EVL RFE the key words are "legitimate offer" , "same/similar" & "permanent nature of job" . USCIS can ask as many questions to clear any doubts on those key words, and if any of it is not clear they can reject the 485.

Logically it doesnt make sence for USCIS to ask offer letters, when they are not "ready" to approve your case (because of priority date). But heii... it is USCIS...

Originally Posted by radhay

if on EAD there is no need to be on the job through out the process

[radhay]

Agreed. Thanks for correcting.

[sdekha76]

Bpadala, Babuworld..

My case is like Supreet.. but tough part is my employer plans to revoke 140! Is thr any reason why he is doing this?? ANy way around this situation, other than asking him to wait..?