May get laid-off during i-485 processing

nagarjunagopal

New Member
Hi everyone,

I had my i-140 approved this year in eb1-c category. My company has filed for i-485 just this week. Since my PD is current, I am hoping to get my GC in 4-5 months (wishful thinking). I don't have EAD yet. My visa is expiring in two months time, and my company won't renew it since they are expecting the GC to come through.
Now, here's the bad part - my company ownership may change in a couple of months and I may get laid off. Nothing has been finalized yet, but I want to be prepared for the possibilities.

I have three questions. Any guidance would be greatly appreciated

1. Suppose my company name is unchanged after the ownership change, and I am laid off, and it hasn't been 180 days yet for my i-485. Can I just sit at home and wait out the next few months till I get my i-485 approved? Assuming I don't get any RFE and I get another job after GC in a similar category.

2. Suppose I get my GC before my company changes ownership, and they lay me off, and I change to a new job in a similar category. Since the lay off was not my fault, Will it affect my status in the future?

3. Suppose my company name changes after the ownership change, and I am still working for the same company, and it hasn't been 180 days yet for my i-485. Will it affect my approved i-140 ? Do I need to start over again?

Thanks a lot.
 
1. If you sit at home and the company doesn't revoke your I-140, and USCIS doesn't send any RFE about your job situation, your green card probably will be approved ... but if/when USCIS ever finds out about your lack of a same/similar job or job offer at the time of GC adjudication, your green card can be revoked.

2. You'll be OK in that scenario.

3. If you keep working for the acquiring company in the same or similar position, you'll be OK as long as they don't revoke your I-140.
 
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