Lost Job: I-485 was pending more than 180 Days

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optimistic1

New Member
Hi All,
With a broken heart, I am posting the questions. I lost my job last week on July 01, 2024. My I-485 was pending and it just completed 185 days when I lost my job. I was on TN Visa and I already have EAD and my wife has EAD as well. I have the below queries if experts of this forum can answer and help me. I will be very thankful to you

1- What options do I have right now?
2- Since the market is very bad right now and How long can I stay in the USA to search for a new job?
3- Can I use my EAD card for new job?
4- While searching for new job, if I my I 485 get approved, will it be a problem?
 
Hi Bigboy00, yes I got a reply but still confused. I am trying to find out more and more details before I leave the country.
 
@optimistic1
After I-485 filed and remains pending, you can switch to new employer based on I-485 EAD under AC21 portability provisions & without having need to re-file PERM & I-140. You need to provide I-485 Supplement J form from new employer should USCIS asks for, otherwise you are good and yes you can take new job based on I-485 EAD.

There is also possibility that your I-485 could get approved if priority date is current &, background checks are completed.
 
Thank you @whitemimauz3 . Appreciate your reply.

My priority date was the current for almost 6 months. Then in the July Visa bulletin , my priority date is not current as USCIS switched back almost a year. So I am expecting in October when new VISAs will be available, my priority date will become current again. I am not sure if background check has been done in the last 6 months. My wife got RFE in February so based on that I am guessing that the background check has been done when they opened my wife File because I-485 was filed concurrently. Few questions I do have if you can please reply

1- What they are verifying in Background checks ?
2- During background check, can USCIS know that a person is out of job ?
3- How long I can stay and search the job while pending I 485? I am applying for jobs but I am not sure when i will get new job.
4- My wife has EAD, can my wife work on that EAD right now since I am out of job ?
 
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