Valid to stay in US if fired when concurrent filing < 180 days

amankeviv

Registered Users (C)
Q. Have two sub questions for the case explained later

Is it ok to
(1) continue to stay in US (how long?)
(2) go out and enter back in US (if yes what documents if any are reqd?)
for the following case

CASE -
Green Card Labour approved June 2004
Applied for 140 and 485 concurrently / California Service Center on Oct 2004
Received EAD and AP in Jan 2005
Job terminated Jan 2005 end (less than 180 days after 485 and 140 filing)
H1 was extended into seventh year earlier, I-797 valid till feb 2006
Stamped H1 till mar 2004 as passport expiring later in 2004

It appears post firing from job, 140 and 485 processing will go in a lurch for above case, true? If so, the case would become pure H1 based.
 
amankeviv said:
Q. Have two sub questions for the case explained later

Is it ok to
(1) continue to stay in US (how long?)
(2) go out and enter back in US (if yes what documents if any are reqd?)
for the following case

CASE -
Green Card Labour approved June 2004
Applied for 140 and 485 concurrently / California Service Center on Oct 2004
Received EAD and AP in Jan 2005
Job terminated Jan 2005 end (less than 180 days after 485 and 140 filing)
H1 was extended into seventh year earlier, I-797 valid till feb 2006
Stamped H1 till mar 2004 as passport expiring later in 2004

It appears post firing from job, 140 and 485 processing will go in a lurch for above case, true? If so, the case would become pure H1 based.
If your 140 is not revoked/withdrawn by your previous employer then you are legal in the country until 485 is approved or rejected. Check with your previous employer about the status of 140.
 
fast_gc_seeker said:
If your 140 is not revoked/withdrawn by your previous employer then you are legal in the country until 485 is approved or rejected. Check with your previous employer about the status of 140.

They replied they wont cancel 485 or visa, looks like I can stay
Now can I also enter and leave the country?
 
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