I-485 not yet approved but I-140 approved and job terminated, what next?

M

magorge1

New Member
I need help.

My I-140 was approved in Jan, 05 and I-485 is not yet approved, although it had a date of May 2004 and Vermont center is now processing Jun3, 2004. I got terminated in last week of April, 05. My I-140 was approved in EB1 (outstanding researcher). I have a job offer but did not join yet. And I do not know if my last employer revoked my I-140. The attorney who prepared my application was paid by my employer, so I am hesitant to ask that attorney. I am very nervous and do not know what will happen to my green card. Can some one advise me about the outcome of my green card.
Mani
 
Tough break, but Ac-21 might apply, you may try to convince former employer not to notify INS. INforming the INS that you are using AC-21 might save you even if the employer tries to revoke.
 
As your 485 is pending for more than 180 days and 140 approved, you can use AC21. You have already crossed the main hurdle of 140 approval. The previous employer can revoke 140 but cannot stop you from getting GC if you use AC21 and provide USCIS with EVL from new employer with same / similar job responsibilities.

The new employer must be able to pay you, hence better to be with a bigger company than a smaller or startup as a precaution. It is not necessary that USCIS would ask for it but just in case...

magorge1 said:
I need help.

My I-140 was approved in Jan, 05 and I-485 is not yet approved, although it had a date of May 2004 and Vermont center is now processing Jun3, 2004. I got terminated in last week of April, 05. My I-140 was approved in EB1 (outstanding researcher). I have a job offer but did not join yet. And I do not know if my last employer revoked my I-140. The attorney who prepared my application was paid by my employer, so I am hesitant to ask that attorney. I am very nervous and do not know what will happen to my green card. Can some one advise me about the outcome of my green card.
Mani
Click to expand...
 
I-485 portability and AC21

Thanks guys for the AC21 suggestion. It really helped me sleep better. I am going to join my new job around 11 May,2005. As I was laid off on 27th April,05, can I claim unemployment for that period, considering my case with I-140 approved, EAD valid until April 2006 and I-485 with RD of May 28,2004 still pending?
 
Last edited by a moderator:
magorge1 said:
As I was laid off on 27th April,05, can I claim unemployment for that period, considering my case with I-140 approved, EAD valid until April 2006 and I-485 with RD of May 28,2004 still pending?
Click to expand...

There's nothing immigration-wise that would prevent you from making a UI claim.
 
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