EB1A Green card: Consequences of Layoffs on your Pending I-485 Application?
Sometimes, after an individual applies for an I-485 application, retrogression occurs in their preference category.
Consequently, the final adjudication of their application may be delayed until immigrant visa numbers become available for them. With layoffs happening everywhere in the US, this blog specifically discusses the impact of layoffs on the EB1A pending I-485 application Let’s begin.
Impact of Layoffs on Pending EB1A I-485 Application
For EB1A, a job offer is not required. Thus, a layoff does not affect your pending I-485 application, regardless of whether you self-petitioned or your application was employer-sponsored.
For example: Petitioner A self-sponsored his EB1A application and had his I-140 approved. Once his priority date, which is March 2012, became available, he filed his I-485 application along with Employment Authorization Document (EAD) and Advance Parole with USCIS.
After filing his I-485 application, the cut-off dates were retrogressed for his preference category. Due to this retrogression, he will have to wait until his priority date becomes current to receive his green card.
Moreover, within three months, he received his EAD and Advance Parole. However, his I-485 application is still pending due to retrogression. In such a case, he lost his job and what happens to his status in the US and his EB1A pending I-485 application?
Firstly, when his adjustment of status is pending, he will remain authorized to stay in the US. However, he will lose his status only if his I-485 is denied, which is unlikely to happen in many cases.
Secondly, EB1A does not require a job offer, so it may not affect his I-485 application process.
Thirdly, as he has an EAD, he can work as a full-time employee, an independent contractor, or even in multiple roles within his field of expertise.
Can the employer revoke the EB1A I-140 application?
It is crucial to note that in the case of an employer-sponsored EB1A application, your employer can revoke your I-140 application.
However, once your I-140 is approved and has passed at least 180 days or more, USCIS cannot deny your I-140 application, even if your employer requests to cancel it.
Can you change jobs while your employer-sponsored EB1A I-485 is pending?
According to the AC21 rule, if your EB1A employer-sponsored I-485 has been pending for at least 180 days or more, you can move to a new employer in the same or a similar job.
This is called job porting. In such a case, you just need to file Supplement J with USCIS to notify them that you have moved to a new employer.
Conclusion
Most EB1A applicants choose the self-petition option for filing their EB1A petition as it enables them to have more control over their EB1A application.
That said, in the case of layoffs or changing employers, it may not affect their EB1A green card process if they self-petitioned their application.
I hope this blog helps you understand the impact of layoffs on pending I-485 applications for EB1A.
Moreover, EB1A final action dates move faster than EB2 and EB3 green card categories. Choose your green card option wisely to fast-track your green card process and gain advantages during the green card process as well.
If you are seeking support to streamline your EB1A journey to overcome your visa challenges in the US, explore the Smart Green Card VIP plan.
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