help needed- Getting fired, i140 & i485 filed concurrently, not approved, my options?

[aspectratio]

deleting

[rln8316]

Since your employer has assured that they will not withdraw your I140, it is beneficial to consult your attorney about your options.

I sincerely hope that your understanding is true and correct that you can stay in US until the decision on AOS or EAD comes.

This is what i understand in general about L1 Visa and AOS/EAD as i m also in that path.

If you are out of job on L1 visa and you do not have an EAD, then you are out of status to stay in US. Since L1 is linked with the employer's petition, employer should depute the employee back from US once the assignment is complete. Also, if the employee resign from the job, then the L1 should also considered as void.

That being said, either you can check with you can expedite your EAD process on humanitarian grounds or check with your attorney if they can move AOS to Consular processing. Please check the current processing times for EAD and I remember reading some threads about expediting EAD during COVID times and job loss related topics.

If you get EAD, yes, you can work stating that you lost and there must a valid reason to prove that statement.

L2 is linked with your L1 application. Hence it will deemed to be void. I dont think I94 makes any difference.

[newacct]

If your company will not withdraw your I-140, and continues to plan to employ you when you get your green card, you can continue to get a green card without needing to use AC21 porting. You can stay in the US since you have a pending I-485. If you get your EAD, you can choose to work (doesn't have to be in a similar job), or you can choose to continue not working.

You will lose L1 status 60 days after you're fired. At that time, your spouse will also lose L2 status and she can no longer work on L2. She can stay in the US on pending I-485 but she will have to wait until she gets an EAD to work.

If your company stops offering to employ you after you get your green card, hopefully your I-485 will have been pending for 180 days and you will have gotten an EAD by that point, and you will need to get a similar job.

[aspectratio]

newacct Hi there, thank you so so much for responding. I really appreciate your response. I gave me so much hope. "If your company stops offering to employ you after you get your green card, hopefully your I-485 will have been pending for 180 days and you will have gotten an EAD by that point, and you will need to get a similar job."
Aren't I485 and Green card the same thing?

Are you saying, that by the time I get my Green card (if everything goes alright) it would have been already 180 days and I would have received my EAD and therefore I would be able to get a job and work?

Once again, thank you so much for your time. I forever in debt.

[newacct]

I-485 is the application for Adjustment of Status, which is the process of getting a green card from within the US. When I-485 is approved, you have a green card. But while I-485 is pending, you don't have a green card. During this time, your employer can still withdraw the I-140. If they do, then you will need to depend on AC21 porting to continue your I-140 and I-485, which requires that your I-485 have been already pending for 180 days, and you need to be working in a similar job (using an EAD or through other means).