I-485 Filed in 2007. Lost Job. Need advice!!!


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Hello Experts....Belle..JoeF....attorneys..

My I-485 was filed by employer-A in 2007 (EB-3). After my I-140 was approved I moved on to employer-B (Employer-A was ready to shut down). I filed AC-21 and was working for employer-b for past 3 years.

Employer-B had many DOD projects going on and even though I was not working on any, we were having ITAR related issues because I was in the same building.

Employer-B let me go saying that they would take me back as soon any GC comes across. My EAD is up for renewal in 5 months. I hope to find a job by then but just in case I dont, with the potential job offer from employer-B can I apply for EAD renewal?

Do I need to be employed to apply for EAD renewal?

Can I apply for EAD renewal while working as independent contractor to employer-B?

What other threats am I facing while I am unemployed with GC pending?

I would greatly appreciate your feedback in this time of need.

Thank you!!

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You don't need to be employed to file for EAD renewal, neither you need to have a job offer. The only thing you need is a pending I-485 (well, outside of being human and not dead).

You may use the offer to confirm that you have an offer for employment in a similar profession for after you get the green card. That's usually if the USCIS sends an RFE or NOID on I-485. In fact, yours is one of those rare cases when it is completely justified not to work (or work for somebody else) until the approval of the green card, and not strange in any way. Again, there is no obligation to be employed while your EB green card is pending.

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Belle! Thanks a lot for your response. I knew I could count on you.

In the EAD renewal application, there is a section for "who is your employer" (or something to that affect). Can I just leave it blank? Any advice?

Another scenario: By the the time (if and when) USCIS decides to give RFE on my case, if I am working for a third employer, Employer-C (just in case Employer-B does not have a job for me then), what should I watch out for? I mean, Should I have AC-21 filed for Employer-C?

What happens if an RFE comes across and there is no job or job offer?? I hope that wont be my situation, but just want to know.

I would greatly appreciate any feedback.

Thank you!!

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But you do have a future job offer from B - to be commenced upon approval of your permanent residence, right? If so, you may submit that job offer.

You should only do AC21 if you plan to work for employer C for the long term, and the job is similar to the one you were originally sponsored for (the definition of "similar" is quite liberal). So, if you take on a temp job in the meantime to tie you up until green card, you should not do AC21 to C and send a job letter from B to any requests.

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