Job lost after I-485 filed ...

Asked over 1 year ago - Mesquite, TX

My I140 has been approved since 2008 under EB3. My priority date (february 2008) is current and I I have recently filed i485 on June 2nd, 2013 on my own. I just learned that my company is laying off 4 employees including me by end of this month. What are my options ?

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Ms. Feldman is quite correct. This portability business is a strage legal creature. When your PERM is pending you cannot recapture priority date if you change employer and new PERM is filed. SAme applies to an I-140 when it is pending. Once approved, the pendulum moves in your favor. Now, you can refile the PERM and then the I-140 and reuse the priority date from the old approved one. Once I-485 has been pending for six months or longer you can change your employment to the same or similar position with another employer and do not need a new I-140 or PERM. Go figure.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . You can get another job with another H-1B or wait for the EAD. Then you will need to have the new company start a labor certiifcation and I-140 BUT GOOD NEWS you can recapture the Priority Date from the already approved I-140 and interfile the new I-140 in the pending I-485.

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. Eliza Grinberg

    Contributor Level 19


    Lawyers agree

    Answered . You might be out of luck since you can only port after your I485 has been pending for 6 months.

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An immigrant may be eligible for permanent resident status if he or she has been offered a job in the United States.

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