Hypothetical: Layoff when AOS pending

[fecitrus 6]

Hello everyone

I'm working on a L1-A and going through EB1 green card process. Last year I had my I-140 approved (non-concurrent), already have EAD and AP and with AOS pending.

Interview was schedule but cancelled due to COVID. Now waiting for it to be reschedule.

 

What happens if my company decides to lay me off before the interview is rescheduled? Do I need to leave the country or because my I-140 was already approved, I can find another job while AOS is pending?

 

Thank you

[arken 4,197]

You don’t need to leave the US if you can find another job before a bit your interview.

If your i485 has been pending for more than 180 days and if you can find a new job with similar position and duties, you can continue getting GC under current i485.

 

If its pending for less than 6 months and you find a new job, they will have to file a new i140 for you but previous i140’s PD is retained.

[fecitrus 6]

7 minutes ago, arken said:

You don’t need to leave the US if you can find another job before a bit your interview.

If your i485 has been pending for more than 180 days and if you can find a new job with similar position and duties, you can continue getting GC under current i485.

 

If its pending for less than 6 months and you find a new job, they will have to file a new i140 for you but previous i140’s PD is retained.

Thank you so much!

[fs2439 46]

8 hours ago, arken said:

You don’t need to leave the US if you can find another job before a bit your interview.

If your i485 has been pending for more than 180 days and if you can find a new job with similar position and duties, you can continue getting GC under current i485.

 

If its pending for less than 6 months and you find a new job, they will have to file a new i140 for you but previous i140’s PD is retained.

Depends on whether this is an eb1a, b, or c petition. Eb1a does not require you to wait 180 days, unless the applicant was your employer on your behalf.

 

Question: did they schedule the interview before the pandemic started, or under the assumption it would application centers would open?

[fecitrus 6]

6 hours ago, fs2439 said:

Depends on whether this is an eb1a, b, or c petition. Eb1a does not require you to wait 180 days, unless the applicant was your employer on your behalf.

 

Question: did they schedule the interview before the pandemic started, or under the assumption it would application centers would open?

I'm at EB1C

 

Interview was scheduled before the pandemic. And it was cancelled a few days before the scheduled date. It hasn't been rescheduled yet