I-140/I-485 applied. got laid off <180days

B

br200000

Registered Users (C)
Hi,

I have applied my I-140/I-485 concurrently. I got EAD/AP approved for one year.
It is only 150 days. I got laid off. I get 2 more months of paychecks as "severance". If We consider those paychecks - it will be more that 180 days.

I am planning to work on EAD for a new employer after 180 days.

Am I qualified to take AC21 portability in this situation?
Can I work for another employer after 180 days pending for I-485?(I-140 is not approved yet)

What is the best way out of this situation.

Please advise me as early as possible.

Thanks
 
br200000 said:
If We consider those paychecks - it will be more that 180 days.Am I qualified to take AC21 portability in this situation?
Click to expand...

You need to hope and pray that your I-140 gets approved without issues. If it does, you pretty much will have a GC no matter when you were laid off. (I was laid off 60 days before my I-140 was approved and 140 days before my I-485 was even filed and all was good).

If the employer withdraws the I-140 petition or refuses to respond to an RFE then you are sunk.
 
If I take a new job after 180 days(I-140 pending) should I send AC21 letter ?

Thanks for your reply. Please give me some information on my questions below.

If I take a new job after 180 days(hoping that my I-140 gets cleared),
Should I send the AC21 letter immediately after joining the company? or wait until I-140 gets approved an then send the AC21 letter?

If I send the AC21 letter immediately after joining the company, does it affect the approval process of my I-140 application?

Thanks
 
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