Using paid days off while on K1 visa and filling for AOS

[KAOS2022 1]

I recently came to the USA and got married. Now I am preparing my AOS documents.

I have saved around 40 paid days off at my previous work (the one that I left before going to the USA), and I started using them only the day before leaving my home country. So technically I am still an employee at my last company until mid-September when paid days off end.

What should I say in I-485 form in Employment history part where they ask about ending date of last employment? Should I put in the date before my departure to the USA or the date when my paid days off end (mid-September)? But if put in the mid-September date, uscis would not ask for an explanation?

 

Also, the company can transfer the payment for those 40 days somewhere in October, but I will not have a green card or EAD by that time…… can it be a problem? I am willing to pay taxes, of course.

 

Maybe somebody was in the same situation and can share their experience.

[arken 4,197]

12 minutes ago, KAOS2022 said:

Also, the company can transfer the payment for those 40 days somewhere in October, but I will not have a green card or EAD by that time…… can it be a problem?

No problem, it's your earned money.

 

13 minutes ago, KAOS2022 said:

Should I put in the date before my departure to the USA

This is the better choice.

[Mike E 11,739]

Did the CO at your interview ask you about current job?

[KAOS2022 1]

13 minutes ago, Mike E said:

Did the CO at your interview ask you about current job?

You mean for my K1 visa?

If yes, nope, CO did not ask about my current job.

 

If you are asking about my green card interview, then I did not have it because I have not filled my Adjustment of Status documents yet.
And by the time I have my green card interview, I won't have job.

[Mike E 11,739]

17 minutes ago, KAOS2022 said:

You mean for my K1 visa?

If yes, nope, CO did not ask about my current job.

Cool.  
 

So you are in the USA on a non immigrant visa. Non immigrants are allowed to be here on vacations while employed abroad. So collect your vacation pay.  But do not do any work other than termination stuff such as exit interviews.  
 

You be truthful in your I-485:

 

You employment terminated while you were in the USA because you were collecting vacation pay and you didn’t want lose that money.  
 

That is assuming your employer would not have simply paid out your vacation balance had you terminated before coming to the USA. 

Edited August 24, 2022 by Mike E

[KAOS2022 1]

1 hour ago, Mike E said:

Cool.  
 

So you are in the USA on a non immigrant visa. Non immigrants are allowed to be here on vacations while employed abroad. So collect your vacation pay.  But do not do any work other than termination stuff such as exit interviews.  
 

You be truthful in your I-485:

 

You employment terminated while you were in the USA because you were collecting vacation pay and you didn’t want lose that money.  
 

That is assuming your employer would not have simply paid out your vacation balance had you terminated before coming to the USA. 

Thanks for the answer!
No, my employer will not pay out vacation balance: it is whether use paid days off or just terminate the contract without using them and loose 40 days of payment.

 

As I said I came here on K1 visa, but we got married pretty soon (after 14 days of my arrival)....we are married now for 14 days, so i guess i am not on k1 visa anymore (as i used it to get married, it fulfilled its purpose) that is why i am concerned about what date is better put in the form.......

[Mike E 11,739]

3 minutes ago, KAOS2022 said:

No, my employer will not pay out vacation balance: it is whether use paid days off or just terminate the contract without using them and loose 40 days of payment.

 

Excellent. You’ve a viable explanation 

 

3 minutes ago, KAOS2022 said:

 

As I said I came here on K1 visa, but we got married pretty soon (after 14 days of my arrival)....we are married now for 14 days, so i guess i am not on k1 visa anymore (as i used it to get married, it fulfilled its purpose)

Not correct. Your authorized stay on your visa is for 90 days.  

3 minutes ago, KAOS2022 said:

 

 

that is why i am concerned about what date is better put in the form.......

You need to tell the truth.  

[KAOS2022 1]

24 minutes ago, Mike E said:

 

Excellent. You’ve a viable explanation 

 

Not correct. Your authorized stay on your visa is for 90 days.  

You need to tell the truth.  

Again thanks for your answer and insight!

[Chancy 6,241]

1 hour ago, KAOS2022 said:

we are married now for 14 days, so i guess i am not on k1 visa anymore (as i used it to get married, it fulfilled its purpose)

 

K1 visa is single-entry, so it was voided the moment you entered the US with it.  But you remain on K1 status until day 90 after US entry, whether you are married or not.  Although not critical, this is relevant for the I-485 as there is a question about your current immigration status.  If you submit your I-485 package before day 90, the answer there should be "K1 status".  If for some reason you submit your I-485 after day 90, the answer should be "Out of status".

 

Also, have you already applied for SSN?  If not, you may only apply for SSN while you are on K1 status (until day 76, actually).  If you miss that window for SSN, the next opportunity will only be after you get your EAD or GC.

 

[KAOS2022 1]

21 minutes ago, Chancy said:

 

K1 visa is single-entry, so it was voided the moment you entered the US with it.  But you remain on K1 status until day 90 after US entry, whether you are married or not.  Although not critical, this is relevant for the I-485 as there is a question about your current immigration status.  If you submit your I-485 package before day 90, the answer there should be "K1 status".  If for some reason you submit your I-485 after day 90, the answer should be "Out of status".

 

Also, have you already applied for SSN?  If not, you may only apply for SSN while you are on K1 status (until day 76, actually).  If you miss that window for SSN, the next opportunity will only be after you get your EAD or GC.

 

Thanks for commenting!

Yes, I was able to get my SSN number

 

The officer at the port of entry wrote down in my visa that it is until 18th October 2022. I am almost done with preparing my AOS documents, just trying to clarify some questions including the one i stated in this post. 

So hopefully i will send the package with 2 weeks. 

[Letspaintcookies 2,310]

Had the same situation. My contract didn't ended till December 31 but I entered with my K1 on December 16 while basically on vacation since December 13. I put the 31st as end date and nobody asked for it. If somebody would have asked I could have explained it.

[KAOS2022 1]

26 minutes ago, Letspaintcookies said:

Had the same situation. My contract didn't ended till December 31 but I entered with my K1 on December 16 while basically on vacation since December 13. I put the 31st as end date and nobody asked for it. If somebody would have asked I could have explained it.

Thank you very much for your reply and sharing your experience!!! 

I would like to confirm one thing - did you add an explanation about vacation in the part 14 Additional information of the form I-485? 

[Letspaintcookies 2,310]

13 minutes ago, KAOS2022 said:

Thank you very much for your reply and sharing your experience!!! 

I would like to confirm one thing - did you add an explanation about vacation in the part 14 Additional information of the form I-485? 

No I didn't.