Immigration Issues/Laid off question


Hi Mark,
I've been recently laid off. My I140 has been approved and I485 has been pending over half a year. With the current market, I do not expect I can find a job right away. So how soon, legally speaking, shall I find a job to ensure I will not be out of status. Will USCIS know my unemployment somehow and therefore RFE me, questioning my unemployment gap? Can I find a part-time job (related or unrelated) to fill the employment gap?

You need to find a job ASAP.  There is no time frame specified in the regulations.  The USCIS does not know your employment status.  The job should be in a related field.  If you do get an RFE and you are unemployed then I am afraid that your case will ultimately be denied.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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