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I-140 and I-485 (EB-2) sent 60 days ago. Got fired but company said it will not withdraw petitions. Am I ok?

Chicago, IL |

Can I go look for a job? If I don't find a job can I still get my GC through the mail? It is less than 180 days. Does this put me in trouble?

Attorney Answers 3

Posted

You may be okay, but you are at risk. You need to meet with an immigration lawyer to discuss your options. See the link below to the American Immigration Lawyers Association.First, you are probably out of either H or L status. If you are an H and can find new employment quickly, your new employer can file a new H petition for you, and you may be able to either extend your status or obtain a new H visa. If the 180 days goes by without a decision and the I-140 is determined approvable, then you may go to work for a new employer on a green card basis so long as the new job is in the same or a similar job classification. If you can't go to work with your old employer upon approval of your green card, you need to be able to "port" to a new employer in order to comply with immigration law. If your old employer would employ you, even for a short while, upon the receipt of the green card, you would most likely be okay. You are currently authorized to be in the US because of your pending I-485, but you are not authorized to work until you either obtain your EAD based on your I-485 filing, or, maybe, you find a new H-1B employer and that employer files a petition for you.

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Posted

Your I-140 depends on your continued employment with the company, since the company is your petitioner and sponsor. If they no longer have a job offer for you, the I-140 is no good either. You should consult with an immigration attorney on this matter.

Contact immigration attorney Gintare Grigaite at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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4 comments

Asker

Posted

But what happens if the company does NOT inform the USCIS about it?

Gintare Grigaite

Gintare Grigaite

Posted

You can never be sure that they will not do that, especially when they have the responsibility. Also, the attorney representing the company, only represents the company and not you, since I-140 is legally the company's petition, and so the attorney will represent the company's best interest.

Asker

Posted

Well, they gave me their word they will not do it. I wonder what are my options if they keep their word.

Gintare Grigaite

Gintare Grigaite

Posted

I recommend contacting an immigration attorney for a consultation.

Posted

I agree with my colleague

Reza Athari
Attorney at Law
Certified Specialist - Immigration and Nationality Law
State Bar of California - Board of Legal Specialization
http://members.calbar.ca.gov/search/member_detail.aspx?x=186915

Main office: Las Vegas, Nevada
Reza Athari & Associates, Pllc

3365 Pepper Lane, Suite 102
Las Vegas, NV 89120
Telephone: (702) 727-7777
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Toll free: (800) 565-2030
http://www.atharilaw.com/index-6.html

Barstow, California
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St. George, Utah
Reza Athari & Lui, Pllc
Telephone: (435) 656-1136
Fax: (435) 656-1145
http://www.stgimmigrationattorneys.com/

Salt Lake City, Utah
Reza Athari & Lui, Pllc
Telephone: (801) 262-LAW7
Fax: (801) 281-9603
http://www.slcimmigrationattorneys.com/

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