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How long after (I-485) can one get Laid off / Fired etc.

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  • How long after (I-485) can one get Laid off / Fired etc.

    Hey There,

    I posted this on the i-140 board by mistake.

    I am on H1B, got my LCA and about to apply for my i-140, i-485 (AOS), i-765 (EAD) and AP. Hope fully concurrently. I know that the attorney retained by my employer is going to apply for the i-140 and i-485 concurrently thought I'm going to push for everything being applied at the same time.

    Given the situation in the Tech industry... I'm not sure how long employment will last...

    So what is the absolute min that must be processed? My guess is EAD. (That takes 6months in Calif, from the date of filing for i-140 etc).

    So what happend after the EAD is recieved and you get laid off? Can you still hang around? Do u have to get a job similar in description and Pay (Fat chance of that happening)

    I hear it takes 24 to 36 months after AP to get your GreenCard. Is that true?

    Ideally after getting my EAD and AP, I'd like to take a break... travel a bit.. etc.
    Do I still need to be employed at the same or similar capacity till I get the GreenCard?

    Thanks,
    VK

  • #2
    i-485, etc.

    I'm not sure if you've already found the answers to your questions, but here are my two cents since I was in the same exact situation last year.

    You need to stay with your current employer for at least 180 days (6 months) from the time of your I-485 receipt date before changing/quitting your job in order to keep your GC application. After 180 days, you are free to work at another company either with your EAD (that you will hopefully receive) or with an H1B if the new employer is willing to sponsor you (probably unlikely in this climate). The new job needs to be in the same field as your current one. I'm not sure if USCIS cares much about the pay.

    Now, theoretically, if your current employer does not report you when you quit or get laid off to USCIS, then USCIS will never know that you no longer work for that company. You'll have to work that out with them if you plan to quit.

    Since your GC application is based on employment, it's probably not a very good idea for you to voluntarily quit and travel extensively (thereby putting your GC application in jeopardy), unfortunately.

    My I-485 was filed in November 2002 at the California Service Center, and I waited to switch jobs until June 2003. I had my first set of fingerprints taken in January 2003. It looks like I'm going to have to have another set taken soon. I'm hoping that my I-485 will be approved by the end of the year, but I'm not too optimistic...

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