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-   -   Do I need to quit my job while adjusting my status? (http://dreamact.info/forum/showthread.php?t=83378)

lachupacabra 02-16-2019 05:30 PM

Do I need to quit my job while adjusting my status?
 
I was wondering since I am EWI once I receive my interview date in my country, do I need to quit my job since my DACA will be terminated when I leave the country.
I am guessing I will not get my spousal visa right away when I come back to the USA.
I would hate to quit my job because you all know how hard it is to find a job.

Demise 02-16-2019 06:19 PM

Re: Do I need to quit my job while adjusting my status?
 
Quote:

Originally Posted by lachupacabra (Post 733356)
I was wondering since I am EWI once I receive my interview date in my country, do I need to quit my job since my DACA will be terminated when I leave the country.
I am guessing I will not get my spousal visa right away when I come back to the USA.
I would hate to quit my job because you all know how hard it is to find a job.

No, you don't. In fact you're not legally required to notify them if your work permit becomes void for any reason. They may fire at that point but in all reality no one checks that deeply and even if they did - USCIS in general doesn't keep track of that stuff until time for renewal comes.

Regarding consular processing the process is that after the interview you are issued an immigrant visa. You become a permanent resident as soon as you re-enter, your visa will be endorsed with a statement that it serves as evidence of permanent resident status for 1 year*. You also have to pay the "immigrant fee" after you receive your immigrant visa, this is solely so USCIS actually prints and mails your green card.

https://my.uscis.gov/uscis-immigrant-fee/

* - The passport with the endorsed immigrant visa can be used in the interim for anything you'd normally use a green card for: I-9, getting a social security card without the restriction text, getting a driver's license, international travel, etc.

DreamerSD23 02-16-2019 06:34 PM

Re: Do I need to quit my job while adjusting my status?
 
Quote:

Originally Posted by Demise (Post 733358)
No, you don't. In fact you're not legally required to notify them if your work permit becomes void for any reason. They may fire at that point but in all reality no one checks that deeply and even if they did - USCIS in general doesn't keep track of that stuff until time for renewal comes.

Regarding consular processing the process is that after the interview you are issued an immigrant visa. You become a permanent resident as soon as you re-enter, your visa will be endorsed with a statement that it serves as evidence of permanent resident status for 1 year*. You also have to pay the "immigrant fee" after you receive your immigrant visa, this is solely so USCIS actually prints and mails your green card.

https://my.uscis.gov/uscis-immigrant-fee/

* - The passport with the endorsed immigrant visa can be used in the interim for anything you'd normally use a green card for: I-9, getting a social security card without the restriction text, getting a driver's license, international travel, etc.

It really depends on the company.

My company is one of the biggest in the world and HR keeps on top of these things very closely. They will ask you 90 days ahead of your expiration to ask your status.

Demise 02-16-2019 06:45 PM

Re: Do I need to quit my job while adjusting my status?
 
Quote:

Originally Posted by DreamerSD23 (Post 733359)
It really depends on the company.

My company is one of the biggest in the world and HR keeps on top of these things very closely. They will ask you 90 days ahead of your expiration to ask your status.

It really doesn't, yes they want to stay complaint with federal laws, however consider this: a lapse in status only prevents you from working for them, a company is well within its right to put you on an unpaid leave while that gets resolved. Moreover, since you are not in United States at the time you're not exactly subject to the local immigration laws.

Listen, you are just worrying too much for no good reason. If the company will find some red flag they'll probably ask you about it, or they'll fire you, there is nothing for you to gain by bringing this to their attention, and if you do get a phone call from HR while you're abroad them tell them "Yeah I'm just getting my green card, I should be back next week and we can update the I-9".

#Edit: I originally thought you were the OP, I realize my mistake now but I can't be bothered to rewrite the above.

DACA-IR-DA 02-17-2019 01:26 AM

Re: Do I need to quit my job while adjusting my status?
 
Quote:

Originally Posted by lachupacabra (Post 733356)
I was wondering since I am EWI once I receive my interview date in my country, do I need to quit my job since my DACA will be terminated when I leave the country.
I am guessing I will not get my spousal visa right away when I come back to the USA.
I would hate to quit my job because you all know how hard it is to find a job.

Did you apply for EAD C9 based on I-485 pending?

Demise 02-17-2019 02:26 PM

Re: Do I need to quit my job while adjusting my status?
 
Quote:

Originally Posted by DACA-IR-DA (Post 733374)
Did you apply for EAD C9 based on I-485 pending?

No, he's doing consular interview. In this case you file DS-260, not I-485/I-765.


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