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I-485 EB3 pending - stop working

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  • I-485 EB3 pending - stop working

    Greetings everyone,

    Great forum! thanks in advanced for your help.
    I have a hypothetical question:
    My I-485 EB3 is pending (PD March 2006, EAD card received about 6 month ago). I was wondering if I stop working (without taking a new job) my GC application process will also be automatically terminated? I have talked to my boss and he thinks that as long as he does not reports to USCIS that I stop working, the GC process should still continue.
    Assuming my employer does not inform USCIS that I stoped working, how likely is it for USCIS to terminate my application?
    If it is unlikly, what are the risks of going over seas and returning to the US when GC gets approved?

    Thanks again for your help
    Last edited by jkkh; 08-14-2008, 11:15 AM.

  • #2
    Ok, here goes ...

    ... the GC or Permanent Residency application is based on the fact that this particular employer is looking to hire that particular candidate for a permanent position in the company.

    Technically, it has nothing to do with whether the prospective "future" candidate is working or not working for the said employer or any other employer at the moment.

    The employer can choose to "move" the petition to the consulate overseas where the candidate is located and have the final formalities and process continue in the candidate's home country.

    Just because most of the candidates are already on H1B in the US and work for the same company that does not mean the two are tied together.

    This will help you answer your hypothetical question.

    Take care.

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