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Just lost job on H1B (have approved I-140), but the date for filing is now current!

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  • Just lost job on H1B (have approved I-140), but the date for filing is now current!

    I just lost my job this month on H1b. I have an approved I-140. My priority date is April 2010. Based on the Oct 2020 bulletin it seems the date for filing of employment-based date has become current. Can I still file for an EAD in any way? Maybe using a consular process, etc.?


  • #2
    Hi Member,
    If your priority date comes current and the GC Employment Job offer is still available then you can initiate adjustment of status petition. If GC sponsoring Employer is not willing to offer the particular position that has been shown in the PERM form then it is not possible to file the AOS petition.
    Thanks

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