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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.




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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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