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Impact of job losing in I-485 processing?

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  • Impact of job losing in I-485 processing?

    Hi there,

    I am in the weird situation of job loss because of COVID-19 while my I-485 is getting processed. My company offered me to sponsor the Green Card. My PERM was approved in January 2020. My company filed both I-140 and I-485 concurrently. My travel parole and EAD through I-485 were approved in April 24. And my I-140 was approved on April 30, 2020. However, because of COVID-19, my company laid off everyone at the end of March with the assurance of rehiring once the situation gets better. I am still working for this company on an hourly basis. Although my present job is not the same that was submitted in the PERM, now I am a little worried about the impact of the job loss in my I-485 processing. Please share your experience if you have gone through same situation or you have any advice.

    Thank you,

  • #2
    As long as the company continues to offer to employ you once you immigrate, you remain eligible for employment-based immigration (which is based on offer of future employment, not current employment), and your I-485 should not be affected. Your company should not withdraw your I-140, and should be willing to file a I-485 Supplement J if requested.

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

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    • #3
      Originally posted by newacct View Post
      As long as the company continues to offer to employ you once you immigrate, you remain eligible for employment-based immigration (which is based on offer of future employment, not current employment), and your I-485 should not be affected. Your company should not withdraw your I-140, and should be willing to file a I-485 Supplement J if requested.
      Thank you for your input.

      Comment

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