Nirag shah
Dec 14, 2022
lay-off and GC in process
Hello - Asking on behalf of my friend , he is on EB1 , his I140 approved and I485 documents submitted on Dec 2022 - he is expecting layoff during Q1-2023 - can he stay in US ? what will happen to GC process ? TIA
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yo-yos yeeDec 14, 2022
Hi! Yes, He can stay in US with I-485 receipt legally.
TA ARDec 14, 2022
talk to a lawyer. if he’s eb1c then it may not be possible.
Nirag shahDec 14, 2022
thanks ! yes he is on EB1 C with L1 visa
TA ARDec 15, 2022
you have to stay with the employer until eb1c is approved because portability rule doesn’t apply to that category. consult a lawyer for sure.
Rom SDec 15, 2022
@TA AR Where did you get this info from?
AC21 is allowed after 180 days of pending I-485.
If your friend is indeed fired before the 180d time, they'll get an RFE that will likely get denied. They can legally stay until the petition is denied.
Juv BDec 15, 2022
@TA AR where do you get that the portability rule doesn't apply for eb1c?
Juv BDec 15, 2022
after 180 days you submitted your i485 you can change jobs to another one that is similar and your process will carry on... USCIS could ask for a RFE about your job situation and by then, you should be able to submit a supplement J form which says you are taking a new similar job
Nirag shahDec 16, 2022
Thanks everyone for response
