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1-485 pending & employer closed business. Can I use portability if I don't have L-1 extension in passport and EAD expired.

Orlando, FL |
Filed under: Immigration

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.

Attorney Answers 3

  1. Has your -485 been pending for more than 180 days?
    IT is likely best to hire an attorney ASAP

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  2. 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.

  3. As attorney fleischer stated, it is best that you get an experienced immigration attorney to review your case.

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