laid of b4 180 days & relocating to dallas

J

jahilia2002

Registered Users (C)
Hi,

I recently lost my job. I am 3 months into my 485 process. I am based in Boston and need to relocate to Dallas to start my new job.

I have 140 approved, EAD card, and completed finger printing.

My questions, what are the things I need to do, to save my 485 process.

Thanks in Advance.
 
Most important to save your I-485 is your employer should not cancel your I-140 for 6 months after filing I-140 try to request him. Once underlying I-140 is valid for pending I-485 for 180 days you are safe. Your new job should have similar/same skill set
Request the copy of approved LC and I-140 and I-185 filling receipt from your Employer or your company lawyer.( if not good terms with employer don’t say anything now let 180 pass)
While you join new employer ask him if he will provide you a employer switch letter when ever you need (better to submit the letter and AC21 letter after you cross 180 days to avoid RFE, your new lawyer can prepare the letter) LC is important so that new lawyer can match your skills on new letter from new employer.
 
Hi ginnu,

Thanks for you advice.

In the meantime, what should I do with my H1. When I switch to my new employer, should I transfer my H1 or should I use my EAD card.

What are the pros and cons.

Thanks in advance.
 
The best option is to join by H1 transfer because if your I-485 is denied due to any reason then you have to leave US immediately but if you have valid H1b status as safety net you can stay in US even if I-485 is denied. Employer will definitely like you to join him on EAD because he has to pay for H1B transfer but having H1b status is in your interest. If the new employer does not know that you have EAD then request him to file for H1b transfer before you join
once you use EAD then you have to use Advance Parole to enter US in the future.
 
weiqunl:
What do you mean by skipped the LC process? Only EB1 in certain categories don’t need Job offer and can file for I-140 with out LC, if your case is EB1 and 180 days have passed you are free to work with any employer but in same field of your EB1 (extraordinary ability)
 
Thanks ginnu.

Further questions here:
How can I provide proof for the "same field"? I don't have LC, so what kind of document can I ask the previous employer for reference?
 
weiqunl:
better post your case details
if it was EB1 or NIW and other details if you were employed and sponsored by company or it was self I-140 petition
 
My previous company sponsored my I140. So I am assuming I am EB1?

My case detail:
I140 approved in July, 2002
I485 filed in Sept, 2002 and now passed 180 days.
EAD and AP available, expire in Oct, 2003.
 
I485/140 portability

I am in a similar situation, with my I485 receipt date of 18 Dec, 2002 and my I 140 approved on 24 Feb. Is the 180 days counted from the receipt date for the 485 or the approval date of the 140?
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