I got laid off. EB1C, i140 approved in Sep 2018, i485 interview done and I have EAD/AP in hand.
I don’t think my i485 will be adjudicated in next 2 years. It might take me 5-6 months to find another role.
1. Can I stay USA and not work for next 4-5 months? Will it have any impact on my i485 processing
2. Will I face any reentry challenges if I plan to enter USA on EAD/AP.
Has an I-485 supplement J been filed?
Q: 1. Can I stay USA and not work for next 4-5 months?
Q: Will it have any impact on my i485 processing
A: Only if they ask for the supplement J and you haven't found a 'substantially similar' job.
Q: 2. Will I face any reentry challenges if I plan to enter USA on EAD/AP.
A: Yes, if you're not working, I wouldn't travel internationally.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
1, a person with EB1.A approval and pending green card application can stay USA and not work for next 4-5 months unless there is another interview request in the meantime.
2, the EB1.A unemployed in their fied may face issues on reentry challenges even when entering USA on EAD/AP. The officer may trigger an I-485 NOIR, RFE , or NOID for proof of employment.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
This is a very complicated situation. My colleagues are correct.
Also, I suggest that you consult with an experienced immigration attorney about your case.
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