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Asinv3

Laid off before 180 days of 485 filing

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Hi All, Here's a snapshot of my situation: 

* AP / EAD / I-485 receipt notice date: 20th Oct 2020 

* I-140 was approved back in 2016

* Employer has given me a month's notice which means I won't with the I-485 filing employer for 180 days and I am falling short by a couple of weeks. 

* Another employer has offered me a job with similar roles & responsibilities and willing to file 485 J supplement after 180 days

1) Do I need to restart my Green card from PERM?

2) Will there be any issues with AOS adjudication?

3) Do I need to maintain H1 status or safe to go on EAD once Approved?

Thanks

Abi

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It is safer to re-start the Green Card from PERM to get a new I-140 that can be interfiled with the I-485. There can be problems with the I-485, such as denial. When USCIS gets a withdrawal of an I-140 Petition when the I-485 has been pending for less than 180 days, USCIS will likely just deny the I-485 application because there is no AC21 Green Card portability. As technically, the Green Card is for future employment, if there was a possibility that the employer would take the worker back in this situation if the AOS was suddenly approved, then there might be an argument to be made that all is fine. However, such questions may not arise until well into the future and even years later upon USCIS identifying the end of one's employment being before 180 days, at that time one would have to prove the existence of a job offer from the petitioner until 180 days.

It is therefore safest to maintain H1B status as long as possible and have the new employer proceed with a new PERM and I-140 Petition.

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Take the offer from new employer , join the new employer with H1 transfer rather using EAD , ask new employer to initiate GC process, don't use your EAD.

Since you have pending 486 wait for what USCIS will ask ! if they ask 485J submit from your current employer with portability option , Hope you are already submitted medicals , 485J from your previous employer, you may not get RFE if you are lucky, but issue is if you get GC based on your previous employer 140 approval  , you got to work for them 6 months. Have attorney consultation and take the advice on 485-J portability update to USCIS option ! 

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Thank You attorney_15 & Rakesh_1 The I-140 was not withdrawn by the previous employer & I joined the new employer on H1b on the 183rd day but my termination was on the 165th day after filing AOS. 

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