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Laid off 4 months after I-485 filed, I-140 approved premium processing [REVISED]
Anonymous3 views4 answers
[PLEASE NOTE THE REVISED QUESTION. THANKS ALL FOR THE HELP]
I got laid off 4 months after I-140/I-485 filing. I-140 was approved PP, and I-485 is still pending. My company will not withdraw the I-140 and provide a letter stating that I did not leave voluntarily. MY CATEGORY IS CURRENT AND THUS EXPECTING I-485 TO BE APPROVED ANYTIME. What happens if I-485 is approved and I no longer have a job offer?
Immediately consult with your own immigration lawyer. A lot depends upon whether or not you've engaged in unauthorized employment subsequent to your lay off, also, if you have a non-immigrant status, why wasn't it extended or transferred to B-2? Many questions for your immigration lawyer to ask before advising you accurately about your present status and possibilities.
Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
I agree. Hopefully, you are still in H-1B nonimmigrant status.
Please click the link below for additional information.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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The ideal situation is that your I-485 is approved within six months of being laid of since then there is a waiver for being out of status (if your non-immigrant visa is no longer valid for instance and your out of status less then 6 months). If your green card is approved without interview as is usually the case in employment based petitions, the issue may be rehashed at the time of your naturalization interview if you choose to apply and you qualify and than it could be a problem. The statute of limitations (the time the government has to revoke your green card if issued in error or mistake or due to fraud is 5 years). The I-140 belongs to the employer and is approved. The I-485 can be ported (moved) to another employer if pending for 6 months or more. Did you maintain your previous non-immigrant status? Did you apply for an EAD-Employment Authorization Document at the time of your I-485 application?
