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HumHongeKamiyab
03-16-2009, 12:32 PM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

Does that affect my GC status in any way?

If this topic has been discussed earler, pl. point me to a correct thread.

Thanks,

yagw
03-16-2009, 12:49 PM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

Does that affect my GC status in any way?

If this topic has been discussed earler, pl. point me to a correct thread.

Thanks,

If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...

DISCLAIMER: I am not an Attorney and this is not a legal advice

HumHongeKamiyab
03-16-2009, 01:05 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?

desi3933
03-16-2009, 01:08 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?


>> Also, as per my understanding, You only get RFE when your PD is current

Incorrect.
RFE and I-485 denial can be issued even when PD is not current.

HumHongeKamiyab
03-16-2009, 01:18 PM
Agreed.. But again something has to trigger the movement. Eg. I can understand that happening, if you file AC21 and you receive RFE. Or Your GC filing employer revoking your I 140 and you receive I-485 Denial letter etc.

Or it can simply happen any time?

reddymjm
03-16-2009, 01:20 PM
expect an RFE in a month or two. Also fill in your profile to help others...

HumHongeKamiyab
03-16-2009, 01:37 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.


expect an RFE in a month or two. Also fill in your profile to help others...

yagw
03-16-2009, 01:39 PM
Mine is TSC. Is TSC sending RFEs too? BTW, I Updated my profile.

One thing that is certain is, the uncertainty of the USCIS :) So, no definite answer to if/when you will get RFE.

satyasaich
03-16-2009, 01:45 PM
expect an RFE in a month or two. Also fill in your profile to help others...


Why he should expect an RFE in a Month or Two ?

Any rational reason ?

hpandey
03-16-2009, 01:53 PM
expect an RFE in a month or two. Also fill in your profile to help others...

Guruji - Can you please predict something about my GC application too :D

vin13
03-16-2009, 02:00 PM
I think NSC does process cases even though they are not within the priority date. This way they can pre-adjudicate cases. By doing this they can quickly issue GC when the date moves ahead.

During processing if they have any questions, they could issue a RFE.

HumHongeKamiyab
03-16-2009, 02:12 PM
Coming back to my original question: does anyone see any problem in this? Assuming my company answers any RFE raised by USCIS. Any thoughts?

Thanks a lot.

I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.

Does that affect my GC status in any way?

Thanks,

reddymjm
03-16-2009, 02:22 PM
Guruji - Can you please predict something about my GC application too :D

Shishyaji, Your PD is 18 months after mine. Keep checking on me. You should get your GC after an year or two after mine, until unless the recapture or some magic by USCIS/DHS.

reddymjm
03-16-2009, 02:26 PM
Why he should expect an RFE in a Month or Two ?

Any rational reason ?

One way of reducing backlog is by issuing an RFE and a possible denial. Most of the EB3 with very old PD I would say before 2004 there is a standard RFE for an employment letter, resulting in a AC21 or some chance where they can deny some cases.

fittan
03-16-2009, 04:12 PM
HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

Fittan

HumHongeKamiyab
03-16-2009, 05:49 PM
Thanks Fittan. I am waiting for an answer from my attorney.

HumHongeKamiyab,
Since your I-140 is approved, your chance of I-485 RFE is very low. I think you should be ok since the key is that on the day your I-485 is approved, you must have a job offer per your labor.

Fittan

jthomas
03-16-2009, 07:49 PM
I have a h1B and a EAD. I was laid off one week back. Will there will be a problem if i take 6 months vacation, get a master degree, Try doing a business. Do i need to immediately find a job. I will be getting unemployment benifits and i think my H1B won't be valid since i lost my job and my next job would be on EAD.

Any suggestions, I am waiting for an answer from my attorney too.


Thanks Fittan. I am waiting for an answer from my attorney.