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  #1 (permalink)  
Old 02-08-2010, 05:32 PM
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saurin is on a distinguished road
Default Which is better Leave of Absence of Termination

I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

So which is better, LOA or termination of job? Hard choice..
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  #2 (permalink)  
Old 02-08-2010, 06:23 PM
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Quote:
Originally Posted by saurin View Post
So which is better, LOA or termination of job? Hard choice..
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
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  #3 (permalink)  
Old 02-09-2010, 03:01 AM
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Quote:
Originally Posted by saurin View Post
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.

So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.

Your best bet will be to look for another job and take the AC21 route.
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  #4 (permalink)  
Old 02-09-2010, 10:24 AM
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Default LOA or Termination

I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?
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  #5 (permalink)  
Old 02-09-2010, 12:08 PM
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If you have a choice of LOA, you should go ahead and take it.

RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.

Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.

Best of luck and hope you get your GC soon.
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  #6 (permalink)  
Old 02-09-2010, 09:49 PM
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But since I also have H-1B and my sponsoring company did not cancel the H-1B since I am on LOA, can I work for another company on AC21 without H-1B canceled from previous sponsor.
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  #7 (permalink)  
Old 02-09-2010, 11:47 PM
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
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Saurin,

Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.

A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.

You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?

Ann
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  #8 (permalink)  
Old 02-10-2010, 09:02 AM
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Hi Ann,

Yes I do have an EAD. Thanks for your reply.
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  #9 (permalink)  
Old 02-10-2010, 09:52 AM
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Saurin did you mean yes you do have a pending I 485, because that was her question.
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  #10 (permalink)  
Old 02-10-2010, 12:03 PM
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Yes. I do have a pending I485.
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  #11 (permalink)  
Old 02-10-2010, 12:57 PM
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Saurin,

Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

Ann
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  #12 (permalink)  
Old 02-10-2010, 02:26 PM
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Thanks a lot, Ann.
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