I-485 pending under 180 days and laid off

T

Tnstatus1111

New Member
Hi Guys,

I have an approve I-140 from August 2023. My EB3 ROW application for I-485, EAD and AP were filed in October, 2023 and did my biometrics in November 2023. I was recently notified that my role has been eliminitated and my last day with the company will be in January 2024. My EAD/AP are still pending. My employer said they will not revoke my I-140 or i-485. Prior to filing my I-485, i was on TN status.

Can you guys please help? what can i do? I do not have an H1b so i can not just transfer my H1b to a new employer, and since i've filed my i-485, i guess i can't file for a TN anymore. Please help
 
@Tnstatus1111
If you are willing to take salary cut discuss with your employer if they would continue your employment. For you to take benefit of employer switch AC21, I-485 should remain pending for 180 days or more.
 
Hi @whitemimauz3

If I receive my EAD by January 2024 and begin working for a new employer using the EAD in January 2024, but my application for I-485 is not approved by April 2024 (the end of the 180-day period to benefit from and use AC21), would that be acceptable?

Assuming I receive an RFE in August 2024, and USCIS requests proof of employment. If I submit a AC21 through my new employer, stating that I started with them in January 2024, would this pose a problem for my application since technically, I didn't wait 180 days, even though I had an EAD that allowed me to start employment?
 
@whitemimauz3

Sorry - can you please please explain what you mean by that?

Assuming I get the RFE in August 2024 and I submit my I-485J form which will state ive been working with this employer since January 2024 (90 days into my i-485 application receive date) with an EAD, even though my 180 days since i-485 application had not passed - will that pose a problem for me or not?
 
Tnstatus1111 said:
Hi Guys,

I have an approve I-140 from August 2023. My EB3 ROW application for I-485, EAD and AP were filed in October, 2023 and did my biometrics in November 2023. I was recently notified that my role has been eliminitated and my last day with the company will be in January 2024. My EAD/AP are still pending. My employer said they will not revoke my I-140 or i-485. Prior to filing my I-485, i was on TN status.

Can you guys please help? what can i do? I do not have an H1b so i can not just transfer my H1b to a new employer, and since i've filed my i-485, i guess i can't file for a TN anymore. Please help
Click to expand...
Any update on your situation? I am in the same boat as well but with an H1B…. How did you go from TN to i485? Hope it all worked out!
 
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