possible job loss during AOS

[Ashish0415]

 

here is my situation- 

History-

2001-2007 F1 visa

2007-2010 - original H1b filed by a major retail pharmacy chain 

May 2009 - PERM priority date

2010-13, 2013-16, 2013-19 H1b renewals. 

Nov 2018 - company filed i 485

Dec 26, 2018 - Biometrics

 

Currently waiting for AED and Interview letter in mail.

 

Problem- My store is closing March 12th.

I work as a pharmacist with a large retail chain Pharmacy. My company is trying to retain me as I have been a good employee with tons of experience (11.5 years with same company). But no positions are open at this time. I have my fingers crossed that they will come up with a position for me. 

 

I’m also married to a USC since Sept 2016 but never filed for marriage based GC as it was evident that i will get it thru employer before my current H1 expires in September. 

 

Q 1. I called my company lawyer so see if they can also file i 485 marriage based just in case if I don’t get the job and employment based i 485 is rejected. That way i may still stay in US in status. She said I will have to retract the employment based i 485 if i wanna switch to marriage based.. is that true? I thought we can file multiple i 485 without any negative effect on each application. 

 

Q 2. If i find a job with another employer, with same job duties (pharmacist at a major retail chain) what do i do to amend my file to reflect job change? It’s only been like 2.5 months since i 485 filing. 

 

Q 3. I will get 11 week severance if I’m not offered a new position with current company.  Would that time frame count as in-status for H1b?

 

Any suggestions are greatly appreciated. 

 

Thanks.

 

[newacct]

I have heard that it is possible to have multiple I-485. You wouldn't need a company attorney to do it; family-based AOS is pretty straightforward and you and your spouse can file I-130 and I-485 yourselves. And you don't need to be in status at the time you file in your category.

Also, note that you are not required to be employed while your employment-based AOS is pending -- as long as the petitioning company continues to offer to employ you after you become a permanent resident, your case should continue and you can remain in the US. If, however, your company withdraws your I-140 before your I-485 has been pending for 180 days, your I-140 and I-485 die and a new employer would have to file another I-140 for you.

Not sure about severance and H1b status.

[pontevecchio]

Maybe talk to the firm of Murthy or any of your choice. You do not have an issue.

[JoeF]

It is not a good idea to have multiple I-485s. It will result in delays the least.

Just file an amendment to the I-485, known as Interfiling. The amendment would change the underlying immigrant petition from the I-140 to the family-based I-130.