If a person with a pending I-485 and an EAD loses her job, what are the options?

Answer

The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21 to allow the case to continue. If it has been fewer than 180 days, the situation is more risky. In order for the GC case to work, the I-485 will need to get to the 180-day point and then use the job portability provisions of AC21. In that more risky scenario, it is important to try to keep a nonimmigrant status or have another backup plan. (11.Jan.2016)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved