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  • on bench with EAD status

    Hi,

    I have a question,with the amount of job cut going on all over US,in case the primary on GC looses his/her job..but has a valid EAD (at I-485 stage), then in that case how long can he/she can stay away from work...till he/she gets into a new job???

    Any inputs highly apprciated..thx

  • #2
    Primary can be without a job but needs to have a job offer in the same/similar category at the time of GC approval. The person should be prepared for random RFEs from USCIS asking for employment verification.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Similar situation

      I am in a similar situation and need advice on how to proceed.

      I got married a month ago to a US citizen and submitted our I-485, etc. paperwork needed for the GC. My EAD however expired 2 days ago and I am currently working. We submitted an EAD application at the same time as when we submitted the I-485 and noticed that the fees have already been taken from our account. We are therefore waiting only for the card and forms to arrive.

      Does this mean that I can continue working at my current job or do I have to quit my job to protect my boss and myself from any legal hassle? Losing a job in this economy can be pretty hard especially for a dual income family like ours is.

      Please SOS. We are at a loss on how to proceed.

      ARV

      Comment


      • #4
        Originally posted by txh1b View Post
        Primary can be without a job but needs to have a job offer in the same/similar category at the time of GC approval. The person should be prepared for random RFEs from USCIS asking for employment verification.
        Hello Txh1b, so can we go out of the county in that situation even our I-485 is in process but employer is ready to support and will have job offer at the time of green card. Also if our PD is not current, for how long we can stay out of country? Sorry, i asked something in other quote as well but I am in deep confusion.

        Comment


        • #5
          If you are leaving the country, convert the case from AOS to CP. If not, you could be in trouble with the AP expiring and all other stuff that could happen like RFEs, finger prints etc.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by txh1b View Post
            If you are leaving the country, convert the case from AOS to CP. If not, you could be in trouble with the AP expiring and all other stuff that could happen like RFEs, finger prints etc.
            But I have valid H1 until 2012. also if I come back before AP? Take cares of RFE?

            Other main question is how how long we can be out of the country in case of CP for Employement base GC?

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            • #7
              Originally posted by sha View Post
              But I have valid H1 until 2012. also if I come back before AP? Take cares of RFE?

              Other main question is how how long we can be out of the country in case of CP for Employement base GC?
              Sorry, I don't have AP. from other post reply, My PD is April 8, 2002, EB3 India. I appreciate your response.

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              • #8
                CP doesn't have any requirement for you to be in the country. If your H1b employer revokes the H1b, you are literally screwed if you left the country and your AP expired. Your GC is considered abandoned.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment

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