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

Asked over 2 years ago - Orlando, FL

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.
Thanks

Attorney answers (3)

  1. Neil Ian Fleischer

    Contributor Level 20

    3

    Lawyers agree

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

    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

  3. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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