I485 pending, laid off by employer, Green card interview completed


(Anonymous) #1

Hi Anil Gupta -

I see that your insights in this forum are really helpful. Below I have mentioned my specific situation, and then listed the questions I have. I would really appreciate any insights from people who have faced or know of a similar situation and its impact.
Status if lost my job after EB1C I-485 Interview and waiting for GC approval

SITUA TION:
(1) Came on L1A in Jan 2016 with wife on L2
(2) I-140 filed for me and spouse in Jun 2017 and approved in July 2018.
(3) EB1C I-485 filed for both of us in last quarter of 2017,
(4) Both of us received GC EAD in Apr 2018 for 1 year
(5) Green card interview happened on 4th Feb 2019 for both of us. Officer said no issues but since priority date was not current, he cannot currently approve the green card on the spot. (Priority date is jun 2017 and current final action date as per Feb bulletin is feb 2017, thus a backlog of 4 months)
(6) On 8th Feb, my firm did a mass layoff and I was also impacted by this systemic decision. The notice period is 2 weeks and the current job is until 22 feb 2019.
(7) My wife is still working on GC EAD which is valid for both of us until 4th April 2019

QUESTIONS

  1. Would I and my wife be in status after I lose my job (we are planning to file for GC EAD renewal before the current one expires)?

  2. Would it be an issue if it takes some time for me to get a new offer after losing the current job?

  3. Would my situation impact my wife’s job in any way?


(Anil Gupta) #2

Status after losing job with i485 pending

You will be in ‘period of authorized stay’ after your job is lost and your i485 is pending.

L2 Spouse status after primary job loss

Your spouse can keep working using her i485 EAD even after you lose your job.

New Job Offer

You will need to get a new job offer quickly if you want to apply for i485 pending EAD.
You can stay in US while your i485 is pending but can only work if you either have valid work visa like L1 or H1B or an EAD.

Let me know if you have more questions.