Resigned Job

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06-11-2013, 03:25 PM
vikas4149

Resigned Job

I had to resign from my current position today. My I-485 is pending for more than 180 days. Hopefully priority date (July 16, 2007) will be current next month.
I have EAD and advance parole which is valid until end of next year. I need to travel to India by the end of this month. I had already scheduled the visa interview as well. My question is now that I have resigned, I cannot go for visa interview since I do not have an approved I-797 from new employer. Can I return on Advance Parole. Would I be allowed to enter US on advance parole keeping in mind I no longer work for company that sponsored my GC process.
Plus what affect does that have on my green card status in the event I am not able to secure a job before my priority date becomes current.
06-12-2013, 09:50 AM
Pedro Gonzales

Quote:

Originally Posted by vikas4149

I had to resign from my current position today. My I-485 is pending for more than 180 days. Hopefully priority date (July 16, 2007) will be current next month.
I have EAD and advance parole which is valid until end of next year. I need to travel to India by the end of this month. I had already scheduled the visa interview as well. My question is now that I have resigned, I cannot go for visa interview since I do not have an approved I-797 from new employer. Can I return on Advance Parole. Would I be allowed to enter US on advance parole keeping in mind I no longer work for company that sponsored my GC process.
Plus what affect does that have on my green card status in the event I am not able to secure a job before my priority date becomes current.

First off, technically, you don't intend to work for your GC sponsor after you receive your GC (or can you reach such an understanding with them?), so this isn't kosher at all.

Practically, you can hang around and wait for your GC (which will most probably arrive in the mail in about 2 months), and face no issues at all. Just make sure you don't commit a DUI or something that brings scrutiny to yourself. Your green card is at risk only if you receive an RFE to prove that you are still employed. My recommendation on this, start looking for a job now (that would qualify for an AC21 transfer), and given the improving economy, you should have one before the RFE response deadline (90 days after receipt, was it?). The other risk to staying unemployed longer than that is 5 years down the road, when you apply for citizenship or renewal of your GC, being queried about it.

On your travel to India, my recommendation is to avoid it. Yes you can come back on your AP, but if asked at secondary processing (where you'll have to go if you're entering on an AP) if you are still employed by your GC sponsor, you'd have to lie. Not a position you want to be in, when you are so close to getting your GC.

PS:- I have moved your post to the appropriate category.
06-12-2013, 10:53 AM
qesehmk

Vikas - Travelling outside US with a pending GC application with no job in hand is a difficult thing. Unless some sort of emergency - you should avoid it.

Assuming you are EB2 you need a job offer in the next 30-90 days. If you are EB3 - nothing to worry ... except - have a job and then travel.

In the event you are not able to secure a job - there is a decent possibility USCIS doesn't notice given yours must be preadjudicated by now. However I would suggest you plan for the worst and get a job ASAP.

p.s. - It sounded like you already have an offer in hand? That's why you were interviewing in India?

Quote:

Originally Posted by vikas4149

I had to resign from my current position today. My I-485 is pending for more than 180 days. Hopefully priority date (July 16, 2007) will be current next month.
I have EAD and advance parole which is valid until end of next year. I need to travel to India by the end of this month. I had already scheduled the visa interview as well. My question is now that I have resigned, I cannot go for visa interview since I do not have an approved I-797 from new employer. Can I return on Advance Parole. Would I be allowed to enter US on advance parole keeping in mind I no longer work for company that sponsored my GC process.
Plus what affect does that have on my green card status in the event I am not able to secure a job before my priority date becomes current.