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View Full Version : Laid off from work H1 but have EAD - Question on gap in employment


BDE
08-06-2012, 05:52 PM
Hello friends

My status is EB 3 I with a priority date of March 03.

I am currently laid off from work and was on H1 status. My I 140 was approved in 2008 and hence crossed the 180 days mark, 485 filed in June 2007, Currently have Valid EAD and A/P. Am looking for a job and finding it difficult to get employment due to current market conditions.

I would appreciate it if someone could answer the below questions i have...

1. Is it OK to be without work for months ? or is there a set time limit after which even if i am on AOS will be deemed to be out of status?
2. Does USCIS ever look into break in employment ?
3. What problems can arise, for now & future ?
(e.g I-485 RFE confirming future employment.
4. if i get a job should i file AC 21 or not...as per current visa bulletin i do not expect my dates to be current for another 3 years based on it takes 1 month to move 1 week...

Any input would be a big help...

LostInGCProcess
08-06-2012, 08:26 PM
Dont be disappointed, the market is not all that bad...use your EAD to gain employment anywhere....you dont have to stick to the same employer. My answers in Red...

Hello friends

My status is EB 3 I with a priority date of March 03.

I am currently laid off from work and was on H1 status. My I 140 was approved in 2008 and hence crossed the 180 days mark, 485 filed in June 2007, Currently have Valid EAD and A/P. Am looking for a job and finding it difficult to get employment due to current market conditions.

I would appreciate it if someone could answer the below questions i have...

1. Is it OK to be without work for months ? or is there a set time limit after which even if i am on AOS will be deemed to be out of status?
Its okay to be without work on AOS(pending I-485 status), there is no 'out of status' when you are in AOS...thats the good part. But you must be employed in the same or similar profession at the time of, USCIS, adjudicating you GC.
2. Does USCIS ever look into break in employment ?
Even if they look, they look if you violated any status. So, in AOS you are fine.
3. What problems can arise, for now & future ?
No problem. Enjoy your life and explore your potential to the fullest. Use ur EAD to find another job. Make sure you renew your EAD on time.
(e.g I-485 RFE confirming future employment.
4. if i get a job should i file AC 21 or not...as per current visa bulletin i do not expect my dates to be current for another 3 years based on it takes 1 month to move 1 week...
I leave it up to the individuals. In my case I never applied for AC21, even though I changed jobs multiple times on EAD and I have my GC.

Any input would be a big help...

I would like to quote a famous line I found here few years ago:
A dying man said "I always worried about things that never happened to me".

So, dont worry. Wish you all the best!

BDE
08-07-2012, 07:54 AM
dear LostinGcProcess

Thankyou so much for your quick response and appreciate all the insight. I do have couple more questions..

1) If after couple of months i still do not have a job and an RFE is issued asking for proof of employment and hence cannot reply to RFE showing employment proof.....how much time would i have before i need to leave usa as i know in H1 there is no grace time but in EAD is there time? ( lot of issues with kids in school etc..and schools have already started in India....)

2) Should i get a hold of another lawyer and file a new G28 just so that i know in case any RFE is issued or will the RFE be sent to my home address by USCIS as well?I was hoping to wait tilli get a job before contracting a new lawyer..Please advise..

Thanks!

LostInGCProcess
08-07-2012, 09:36 AM
You are welcome !!!

1) This is a grey area. If you do not intend to respond to RFE, then you have to leave as soon as possible. Having said that, I want to reiterate that you are in much much better position(AOS) than being on H1 status.

2) Talk to the current Employer's attorney, if they could still represent you, if not file for G28 to change the representation.
If USCIS has your home address on file, then they would send the RFE to the attorney and your home address.

Send me PM if you have any questions that you would like to discuss in confidence.

Cheers!!!

dear LostinGcProcess

Thankyou so much for your quick response and appreciate all the insight. I do have couple more questions..

1) If after couple of months i still do not have a job and an RFE is issued asking for proof of employment and hence cannot reply to RFE showing employment proof.....how much time would i have before i need to leave usa as i know in H1 there is no grace time but in EAD is there time? ( lot of issues with kids in school etc..and schools have already started in India....)

2) Should i get a hold of another lawyer and file a new G28 just so that i know in case any RFE is issued or will the RFE be sent to my home address by USCIS as well?I was hoping to wait tilli get a job before contracting a new lawyer..Please advise..

Thanks!

BDE
08-07-2012, 10:57 AM
Thankyou so much...Appreciate your help...trying to stay positive...will take one day at a time..again..thanks for your responses and your time.

LostInGCProcess
08-07-2012, 01:45 PM
Welcome! :)
Thankyou so much...Appreciate your help...trying to stay positive...will take one day at a time..again..thanks for your responses and your time.

gcisadawg
08-07-2012, 08:30 PM
Thankyou so much...Appreciate your help...trying to stay positive...will take one day at a time..again..thanks for your responses and your time.

BDE,

Good luck with your pursuit. I've two open positions open and was able to find a qualified candidate only for one position. HR closed the other position since it was waiting for so long.
We are doing H1B for that candidate. The position is for SAP.

The point I'm trying to make is, even in this economy, it is hard to get qualified candidates.

Regards,
G

seahawks
08-08-2012, 01:43 AM
Thankyou so much...Appreciate your help...trying to stay positive...will take one day at a time..again..thanks for your responses and your time.

I know it is hard, I have been through this during the 2000 massive dot com bust. I did not have an EAD, I only had H1B and 2 weeks severance pay and 1 week of vacation pay. I negotiated with the company to keep me in the payroll for 3 weeks. It was during the Thanks Giving, Christmas time frame, so companies were not interviewing or jobs. It took me around 4 weeks to apply, do phone interview, have in person interviews and finally got an offer from one of the 5 companies I interviewed, I joined work around the 5th week.Luckily I had a previous H1 from my friends consulting company that I used to work for the new job, not the one I really wanted, not the salary I wanted and had to move 2000 miles to middle of nowhere to join work.

The point I am trying to make is this, I understand exactly what you are going through, but don't lose hope, reach out to your friends network and something will definitely be there.

Being on EAD, its not limiting as you were in H1.

BDE
08-08-2012, 10:50 AM
Thank you all for sharing your experiences and appreciate it...Hanging in there God will come through...

BDE
08-08-2012, 11:16 AM
dear lostinGCprocess..

Sorry one last thing...

My current I 94 card is valid till october 2012...since i am on EAD now...is there anything i need to extend the date on this card? Also will this cause any issues if i travel this december and re enter on A/P.

thanks...

hiralal
08-09-2012, 01:32 PM
Dont be disappointed, the market is not all that bad...use your EAD to gain employment anywhere....you dont have to stick to the same employer. My answers in Red...



I would like to quote a famous line I found here few years ago:
A dying man said "I always worried about things that never happened to me".

So, dont worry. Wish you all the best!
good answers above ..all that I would add is don't worry ..I know 2 of my friends ..did not have a job but they got their green cards ..I would advice against filing AC21 ..my view only ... if you do anything which causes them to open your file - that is when they come up with more questions ..(my view point) ..also - GC is good but not everything in life ..do your best but be positive no matter what happens ...look at postive side always

BDE
08-12-2012, 01:09 PM
Thanks Hiralal...thats good to know...

BDE
08-12-2012, 01:10 PM
Welcome! :)

Hello

Could you please respond to my below query...thanks

dear lostinGCprocess..

Sorry one last thing...

My current I 94 card is valid till october 2012...since i am on EAD now...is there anything i need to extend the date on this card? Also will this cause any issues if i travel this december and re enter on A/P.

LostInGCProcess
03-18-2013, 03:02 PM
You dont have to do anything. After the expiry of I-94 you are automatically on AOS.

Hello

Could you please respond to my below query...thanks

dear lostinGCprocess..

Sorry one last thing...

My current I 94 card is valid till october 2012...since i am on EAD now...is there anything i need to extend the date on this card? Also will this cause any issues if i travel this december and re enter on A/P.