Use and renew AP after being layoff

Z

zeldazzz

Registered Users (C)
140 approved, 485 pending > 180.
Can I still use my AP to go back China after being lay-off? Also, can I renew it after layoff? Thank you.
 
Sounds like a risky proposition in case you get an RFE for employment verification. Better look for a new job before leaving the country and invoke AC21.
 
When and Why I get REF? I was born in China. The cut off date is 2003. Mine PD is 2006... So, it may take a while before they process my 485...
 
You could get an RFE or NOID if the employer revokes the I-140. And if you don't have a "same or similar" job or job offer, your application will be denied.

If you re-enter the country with AP, you will likely be sent to the secondary inspection room where you may be asked many questions. If they ask about your job and you don't have one, you could be in problems because you are required to have a job or at least a job offer as part of the EB green card process.
 
Eb based GC is based on a future job .. ie after your 485 gets adjudicated.. if your 485 is pending for more than 6 months, then you have AC21 protection.. you can use your ead and AP and do what you want.. your AP is based on the fact that you have a pending 485.. not on the merits/validity of your 485 application..
main thing is you want to make sure you have a similar job to labor certification paying the same or more salary at the time your 485 is processed.. that being said you never know when they will get to your 485 .. so better to be safe.. :-)
 
zeldazzz said:
Jackolantern,
You are right. After I-140 gets approved, the company can still revoke my I-140 case. But, here is the discussion basically saying that REF will NOT be sent out till I485 is adjucated.
Click to expand...
That is very incorrect. If the employer revokes the I-140, USCIS will send an RFE or NOID very quickly. And if they do that and you don't provide evidence of another "same or similar" job or job offer, your application will be denied. See page 3 of the 2003 AC21 memo: http://www.usavisanow.com/8-13-03-140-485.pdf

USCIS can also send an RFE for any random reason at any random time. And by traveling with AP, you open yourself up to a potential line of questioning at the port of entry that could cause problems for you. You need to find a "same or similar" job before leaving the country, otherwise you might find that you can't come back in. AC21 does not protect you if you don't have another job or job offer.
 
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