5

I've been told to leave the company yesterday. My question is regarding the Green Card application. I've been sponsored for EB1-B employment based category. In July/August 2017, my I-140 was approved (I was under OPT that time). Then we applied for I-485 in mid-October 2017 (when I was in my H1B). I got an RFE and it was taken care of. I got my EAD/AP two weeks ago (valid for a year).

Now that I'm no more an employee of the company, what will happen to my I-485 and my status? Is my EAD/AP good now? I talked to that law firm, and they said they are not going to withdraw it. Everything is already done, probably the next milestone is the interview.

dda
  • 1,319
  • 1
  • 8
  • 14
Tina J
  • 299
  • 2
  • 7

1 Answers1

6

Leaving the company does not, in itself, affect the petition -- people can be petitioned while not in the US and not working for the petitioner, as long as the petitioner intends to employ the immigrant after they immigrate. However, most companies will withdraw the I-140 after you leave the company.

If the I-140 is withdrawn before your I-485 has been pending for 180 days, the I-140 is revoked and your I-485 will be denied as there is no valid petition.

If the I-140 is withdrawn after your I-485 has been pending for 180 days, the I-140 is not revoked, and the I-485 may continue as long as you continue working in a similar job to the one you were petitioned for. You can work in the new job using H1b or on your EAD.

user102008
  • 14,685
  • 1
  • 15
  • 33
  • OK. For my I-485 case: Pending for 135 days (from file date, not RFE response). So I should ask the law firm partnering with my company if they are going to withdraw my application or not? – Tina J Mar 01 '18 at 18:58
  • 2
    @TinaJ: Well it would be the company's decision, not the law firm's. Maybe you should just wait and see, and not remind them about it. In the meantime, you can try to find a new job that you can transfer H1b to so that you will have status even if the I-485 is denied. – user102008 Mar 01 '18 at 19:34
  • omg too bad. Can the new job be a university position, like a post-doc? And I guess if I use my EAD right now for employment, and later the I-140 got withdrawn, I cannot continue my job? – Tina J Mar 01 '18 at 20:46
  • 1
    @TinaJ: That's correct, if it gets withdrawn before your I-485 has been pending for 180 days. If it gets withdrawn after your I-485 has been pending for 180 days, it's fine. – user102008 Mar 01 '18 at 21:59
  • OK. I'm in the process of a new, similar job. Possibly a PostDoc. Who does the H1b transfer? Should it be a company sponsoring H1b? – Tina J Mar 01 '18 at 22:11
  • I'm worried. I called the firm again, and they said their common practice is not to withdraw it. They asked they can transfer it to my new lawyer. So given that's true, I can use EAD? – Tina J Mar 02 '18 at 02:57
  • 3
    @TinaJ: Well, if they don't withdraw I-140, that would be a good thing. I-140 cannot be "transferred" to another employer. The new employer can go through PERM and file a new I-140, and they can use your previous I-140's priority date, but this would be a new I-140 nevertheless. However, if your I-140 isn't withdrawn before your I-485 has been pending for 180 days, then the new employer doesn't need to file I-140 at all -- you can continue to immigrate on your existing I-140. – user102008 Mar 03 '18 at 19:11
  • hi, can you answer my new question? You gave very good answers to me before https://expatriates.stackexchange.com/questions/13404/do-i-need-to-be-employed-at-the-moment-of-aos-interview – Tina J Mar 25 '18 at 20:06
  • @TinaJ - "Hi" does not work to ping a user. You should prefix his/her name with @ like I did with yours, to notify someone you are addressing – Peter M. - stands for Monica Mar 30 '18 at 13:53
  • @user102008 somebody raised a question for me: although the previous company did't withdraw my I-140 and I-485 is now pending more than 180 days, does it matter if I "left" the company before the 180 days? I can still port it, right? – Tina J Apr 18 '18 at 06:09
  • 1
    @TinaJ: I am sorry I am not an expert on this porting topic. In principle, an employer could still plan to employ you after you immigrate even though you left the company now, but I am not sure whether they will look into the employer's intention for not withdrawing. – user102008 Apr 20 '18 at 16:16