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I94 expired after reach 180 days on pending I-485

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  • I94 expired after reach 180 days on pending I-485

    Hi all,
    I am applying to a AOS base on employemnt. I was expenting to get EAD/AP previous to the expiration of my I94, but looks like almost impossible.
    Base on my current scenario, I need to stop to work for my employer 22 days before of reach 180 days from I485 RD.
    my plan is wait until get my EAD and start to work again for the same employer. The employer said me ghat they don't withdraw the I-140.

    Questions:
    is it a good plan?
    could my temporal jobless period affect my AOS?
    Could the force layoff 22 days before of reach 180 days affect my AOS, consider that I will join again at the same company and same rol?

    Does the employer need to file some additional form like I-485J ?

    Thanks

  • #2
    What visa do you have?
    Does your I94 expire 22 days before you reach 180 days from I485 RD?
    What EB category are you in?
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      Originally posted by Enub4 View Post
      What visa do you have?
      Does your I94 expire 22 days before you reach 180 days from I485 RD?
      What EB category are you in?
      Mi visa is an H-1b1, no dual intent (same as TN) for Chilean and Singapore people.
      I-485 RD is 04/13/2021.
      the I-94 will expire on 09/16/2021
      My I-485 will reach 180 days on 10/10/2021

      No biometrics, no EAD/AP yet.

      My first approach was try to renew my visa,, but after file the AOS looks like it is almost impossible to get it again, and reading some site, when the people said that try to renew a no dual Intent visa (like TN) could be risky for my current AOS, I am afraid to try this path.

      I told to my employer about this scenario and they will not withdraw my approved I-140 and they will wait for to rehire me when I get the EAD, but I am not sure what are the consequences of been unemployed for a while without reach the 180 days of my I-485.
      my last option is try to ask to change my process to a consulate.

      I will appreciate any advice about my case.



      Comment


      • #4
        As long as the petitioning employer continues to offer to employ you once you immigrate, your I-140 (and I-485) is valid even if you are not employed.

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

        Comment


        • #5
          Maybe try to expedite your EAD card?


          I bet that your employer, if they want to re-hire you when you get the EAD, will be able to provide evidence that you are needed and they don't want you to stop working. Note: I have never tried to expedite my EAD, don't know if that applies to your case. Good luck.
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 999 - Card delivered to me - Aug 2021
          ---
          All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

          Comment

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