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msingh

I-485 filed without EVL

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My I-485 was filed without EVL in on Aug 02/2014 and now my employer is going to laid me off by next month. It will be just 151 days since filing. Is it possible to invoke AC21.

 

 

Please advice.

 

Thanks

 

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485 with/without EVL does not matter in this case.  Since you have an approved I-140 and the relation ship is ending for a reason other than fraud and or misrepresentation , you get to retain the priority date.  I am assuming you are on a work visa classification. Think of transferring to some new employer if on H classification. You have to start GC process all over again but can retain the priority date .

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You can use AC21 when your I-485 has been pending for 180 days. However, you may work for a different employer before that date, assuming you get appropriate work authorization (H1 or EAD).

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Hi Belle,

This is mygc2014. Thanks for your response. I have worked for sponsoring employer for 181 days and moved to another employer. 

I got an RFE on 173rd day  from USCIS asking for EVL and my sponsoring employer terminated my services on 181th day. I joined another employer next day of termination. NO GAP.  Now my attorney has responded to the RFE yesterday(now my i-485 has been pending for more than 200 days) with a EVL from new employer along with AC21.

 

And my sponsoring employer is not going to revoke my I-140 for forever that's what my HR told me.

 

Currently i am working on H1B.

 

What are my chances? Please respond.

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