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Uh-oh! Laid off during last stage of EB-3 AOS process.....interview date set.

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  • Uh-oh! Laid off during last stage of EB-3 AOS process.....interview date set.

    Folks, new to this forum and looking for feedback/experiences related the scenario described in the title of this post. (I140/I485 was filed in March of 2017 and I140 approved in Dec 2017.)

    I was laid off 1 month before my 1st interview date set in early June. While frantically looking for a new job, the interview date came, and upon advice of Attorney, I got sick and postponed the interview. Received notice from USCIS that interview will be rescheduled within 90 days.

    Still no job 6 weeks later and received new interview date from USCIS for mid-July.

    I'd like to hear any suggestions for future action in this case , or if there are examples of interviews have been attended right after a job loss, that resulted in a EB-3 GC AOS approval without a bonafide job/offer.


    thanks in advance!

    Chieftan

  • #2
    Originally posted by Chieftan View Post
    Folks, new to this forum and looking for feedback/experiences related the scenario described in the title of this post. (I140/I485 was filed in March of 2017 and I140 approved in Dec 2017.)

    I was laid off 1 month before my 1st interview date set in early June. While frantically looking for a new job, the interview date came, and upon advice of Attorney, I got sick and postponed the interview. Received notice from USCIS that interview will be rescheduled within 90 days.

    Still no job 6 weeks later and received new interview date from USCIS for mid-July.

    I'd like to hear any suggestions for future action in this case , or if there are examples of interviews have been attended right after a job loss, that resulted in a EB-3 GC AOS approval without a bonafide job/offer.


    thanks in advance!

    Chieftan
    So far as I am aware, if you are laid off from the employer that was petitioning you for Green Card, then both the I-140/I-1485 will be withdrawn and you will have to start from scratch. this also means that if you're visa that you are working on is expired you will begin to accrue unlawful presence after whatever stated grace period has passed. I wish you the best, but unless you can find a new petitioner, you might be looking at heading back home for a bit.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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