Have new job offer (same type of work). There has been a lapse in my paid employment under original employer due to him closing company. Have had 1-485 interview and an RFE so can I answer RFE on original petition and invoke portability at the same time with new employers letter of job offer even though EAD has expired and USCIS won't issue new ones till they make decision on current pending 1-485? Is a lapse in employment and EAD renewal allowed and does it prevent you from porting? Due to economy it has taken a long time to find new job offer in construction industry.
Has your -485 been pending for more than 180 days?
IT is likely best to hire an attorney ASAP
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It depends on how long your adjustment of status petition has been pending. In order to port, it must have been pending for at least 180 days.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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