Hi, My question is can I stay unemployed on EAD for long period of time (working for the same employer who petitioned me but on bench without payroll)? Can I be like that until my 485 gets adjudicated?. or do I need to show paystubs for each and every month?
Technically, you can be unemployed while on EAD/AOS/I-485. But if you are benched by the employer who petitioned for your green card, that casts doubt on the availability of the green card job. That can lead to revocation of the green card process unless you change employers using AC21 portability.
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I saw my I-485 Denial notice after a week, It is a panicking situation. I changed my employer for permanent position, and my I-140 was cancelled by my old employer. I did not file my AC21, Lesson learnt is, talk to a good attorney rather than asking friends and well wishers. There I choose Rajiv Khanna, we got 30 days to appeal after denial, answered all my questions, It was 180 days passed after I-485 applied, It is not a correct decision from USCIS.
My case, Motion to reopen (MTR) received to USCIS in 10 days from Rajiv Khanna's office. Do i need to say, He is the best and have a good team to support and help me out in a short time.
Guess what, my case was re-opened and I got my Green card in 2 months. I am waiting for my Family MTR and GC. It is time to thank Rajiv Ji , Kunal Ji and Team . I really appreciate for all the work you did in my difficult situation. Thank you.