Job Loss after filing 485


Avi01

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Posted

Hello,

Filed 485 and biometrics done. It is not yet 6 months after filing 485.

Took emergency long leave I will  be out of US for few months and hence company terminated. 

In this situation, how can I attend the GC interview when it comes up? 

Do/can  I need to apply for any other non-immigrant visa to come to US for interview, like a B1?

Or, can I use a previous H1 visa and travel on that (has some remaining time)

Yet to receive my EAD and AP. If I receive my EAD and AP, can I be unemployed for few months and still travel in and out of US? That can help me attend the GC interview. 

Any other ways, please advise.

thanks

Posted

Generally, if one's I-485 application is pending for 180 days or more when the Green Card interview happens one should remain eligible for adjustment if one has a new qualifying job. If one leaves the US while an I-485 is pending the I-485 can be denied for abandonment if one has left without an Advance Parole or if one left the US in H1B/H4/L1/L2 status and does not return in that status.

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