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Employer green card sponsorship after termination

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  • Employer green card sponsorship after termination

    So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B employment based category. In July/August 2017, my I-140 was approved (I was under OPT that time). Then we applied for I-485 in mid October 2017 (when I was in my H1B). I got an RFE and it was taken care of. I got my EAD/AP two weeks ago (valid for a year).

    Now that I'm no more an employee of the company, what will happen to my I-485 and my status? Is my EAD/AP good now? I talked to that law firm, and they said they are not going to withdraw it. Everything is already done, probably next milestone is interview.

  • #2
    Originally posted by arianaa30 View Post
    So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B employment based category. In July/August 2017, my I-140 was approved (I was under OPT that time). Then we applied for I-485 in mid October 2017 (when I was in my H1B). I got an RFE and it was taken care of. I got my EAD/AP two weeks ago (valid for a year).

    Now that I'm no more an employee of the company, what will happen to my I-485 and my status? Is my EAD/AP good now? I talked to that law firm, and they said they are not going to withdraw it. Everything is already done, probably next milestone is interview.
    If your employer does not withdraw the petition, then your I485 processing will continue i.e., EAD/AP remain valid. However, the question of current employment is bound to come up during the interview, and hence, the officer might reject your I485 at that time. However, bear in mind that GC is for future employment, so if your employer can demonstrate that they are going to hire you upon GC approval or something along those lines, it would be good.
    Just an opinion; Not legal advice.

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