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Pending EAD, I-485 with risk of getting fired

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  • Pending EAD, I-485 with risk of getting fired

    Hello,
    I and my husband had applied for Green Card (I-485) and EAD (I-765) through my husband's employer.
    We received our I-140 in Dec 2017 approved and awaiting the EAD, I-485 (GC). Our case is being processed at Nebraska Service Center.
    My husband's employer has a tendency of letting go of people and my husband is at risk as well.
    Could anybody let us know the following:
    1) In case if we get our EAD and he gets fired/let-go, would we lose our EAD?
    2) In case if he gets terminated, what would happen to our I-485 petitions(At which point the new employer has to pick the process )?
    3) How long would we be allowed to stay in the country and find a new job if he loses his job while we await EAD or after?

    Thank You

  • #2
    Originally posted by Sreedevi87 View Post
    Hello,
    I and my husband had applied for Green Card (I-485) and EAD (I-765) through my husband's employer.
    We received our I-140 in Dec 2017 approved and awaiting the EAD, I-485 (GC). Our case is being processed at Nebraska Service Center.
    My husband's employer has a tendency of letting go of people and my husband is at risk as well.
    Could anybody let us know the following:
    1) In case if we get our EAD and he gets fired/let-go, would we lose our EAD?
    2) In case if he gets terminated, what would happen to our I-485 petitions(At which point the new employer has to pick the process )?
    3) How long would we be allowed to stay in the country and find a new job if he loses his job while we await EAD or after?

    Thank You
    The termination does not itself affect your AOS or EAD. However, usually when a company terminates an employee, they will also withdraw the I-140 petition. If the I-485 has been pending at least 180 days when the company withdraws the petition, the I-140 does not get revoked and the AOS can continue as long as he works somewhere else (either on EAD or H1b) in a job in a similar field. If the I-485 has been pending for less than 180 days when the company withdraws the petition, the I-140 is revoked and the I-485 will therefore be denied, and all benefits that depend on AOS being pending like EAD will be revoked.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Is your I-140 sponsored by emplyer or self sponsored? If first is true, then previous commenter is correct.

      Comment

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