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Status if lost my job after I-485 EB1C interview but waiting for GC approval

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  • Status if lost my job after I-485 EB1C interview but waiting for GC approval

    I see that the participants in this forum being really insightful. Below I have mentioned my specific situation, and then listed the questions I have. I would really appreciate any insights from people who have faced or know of a similar situation and its impact.

    SITUATION:
    (1) Came on L1A in Jan 2016 with wife on L2
    (2) I-140 filed for me and spouse in Jun 2017 and approved in July 2018.
    (3) EB1C I-485 filed for both of us in last quarter of 2017,
    (4) Both of us received GC EAD in Apr 2018 for 1 year
    (5) Green card interview happened on 4th Feb 2019 for both of us. Officer said no issues but since priority date was not current, he cannot currently approve the green card on the spot. (Priority date is jun 2017 and current final action date as per Feb bulletin is feb 2017, thus a backlog of 4 months)
    (6) On 8th Feb, my firm did a mass layoff and I was also impacted by this systemic decision. The notice period is 2 weeks and the current job is until 22 feb 2019.
    (7) My wife is still working on GC EAD which is valid for both of us until 4th April 2019

    QUESTIONS
    (A) Would I and my wife be in status after I lose my job (we are planning to file for GC EAD renewal before the current one expires)?
    (B) Would it be an issue if it takes some time for me to get a new offer after losing the current job?
    (C) Would my situation impact my wife's job in any way?

  • #2
    I'm no expert but I think if you are no longer under visa restrictions but in AOS restrictions.
    You have a valid EAD until April 2019, you can find another job and use your EAD to continue working.
    I would recommend renew your EAD ASAP, there are longer waits now to get the new cards. Some categories get automatic 180 day extension, but you need to get the receipt to show that.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 104/105 - EAD - New card is being produced (principal/spouse & child)
    Day 195 - Letter for missing I-693

    Comment


    • #3
      I believe that if you have been waiting for your green card process for more than 180 days (since NOA1) you can make use of a portability switch AC-21.
      This portability I heard that is not complicated (I think is a form but you can research online). And it will be valid towards your GC. The one caveat is that the new job must be in the same range. This basically means that if your job was (for example) "computer scientist", the new job can't be "pizza delivery".

      Now this second part I'm not 100% sure but I think that your status is valid until new action is taken on your file. Which means that if you lose your job before the interview, as long as you do the portability before the changes take place, you should be alright.

      I hope it helps
      EB2 - National Benefits Center (I-485/I-765/I-131)
      PD: 10/19/2018
      Biometrics NOA: 11/09/2018
      Biometrics Appt: 11/26/2018
      Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
      Combo card (I-765/I-131) approved: 05/03/2019
      Combo card (I-765/I-131) received: 05/10/2019

      Comment


      • #4
        Originally posted by Spaniard88 View Post
        I believe that if you have been waiting for your green card process for more than 180 days (since NOA1) you can make use of a portability switch AC-21.
        This portability I heard that is not complicated (I think is a form but you can research online). And it will be valid towards your GC. The one caveat is that the new job must be in the same range. This basically means that if your job was (for example) "computer scientist", the new job can't be "pizza delivery".

        Now this second part I'm not 100% sure but I think that your status is valid until new action is taken on your file. Which means that if you lose your job before the interview, as long as you do the portability before the changes take place, you should be alright.

        I hope it helps
        Thanks. My GC interview is actually done and office said everything looks fine but cannot approve right away due to priority date not being current. In such a situation, would I still need to submit AC-21 (I believe AC-21 is submitted usually during or before the interview)? Sorry that my initial message was not clear.

        Comment


        • #5
          Originally posted by an1234 View Post
          Thanks. My GC interview is actually done and office said everything looks fine but cannot approve right away due to priority date not being current. In such a situation, would I still need to submit AC-21 (I believe AC-21 is submitted usually during or before the interview)? Sorry that my initial message was not clear.
          You can still make use of AC-21 as long as your status is pending for more than 180 and you have an approved I-140.
          It doesn't matter if you already had the interview, because your status is still pending.

          https://www.immihelp.com/greencard/a...-employer.html
          EB2 - National Benefits Center (I-485/I-765/I-131)
          PD: 10/19/2018
          Biometrics NOA: 11/09/2018
          Biometrics Appt: 11/26/2018
          Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
          Combo card (I-765/I-131) approved: 05/03/2019
          Combo card (I-765/I-131) received: 05/10/2019

          Comment


          • #6
            Hello An1234,

            I am extremely sorry to hear your predicament, even I am exactly in similar situation where I am in L1A and GC interview completed in May 2019 where my PD is March 2018.
            Awaiting for physical GC but about to loose my current job.

            I am trying to understand what recourse we have ...Can you Please provide your suggestion/advice as you are already in this unfortunate situation.

            Regards,
            Napolean

            Comment


            • #7
              napolean121 and an1234

              Assuming your I-485 is past 180 days and your I-140 is approved, you should be find to stay in US under AOS pending Category. Your spouses will also be in the same Category and they are authorized to work under EAD. Also you can continue to renew EAD until you have a decision on your I-485.

              The only necessary thing that you guys need to do is to find a job ASAP with same SOC code that was mentioned in I-485J/EB1C I-140 that your previous company has filed along with your I-485. Unless your previous companies revoke their I-48J, technically speaking you should be fine. Logically speaking they should revoke the I-485J as they did a lay off. If they revoke I-485J, you (Your new employer) need to submit another I-485J in either case to claim AC-21 Job Portability with the same SOC code used to EB1C petition. This will ensure you have similar job description thus ensuring your eligibility for AC-21.

              Comment


              • #8
                Hi Harish,

                Thank you for the information provided, we haven't filed till date I-485J since we were with same employer till date.





                Comment


                • #9
                  I - 485J is not mandatory if you are already working for the same organization but preferred to avoid RFE's related to the same. Nevertheless, you should file I-485 J with New Org to claim AC-21 Job portability with the same SOC code used in EB1C i-140. you will be fine.

                  Comment

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