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I've been told to leave the company yesterday. My question is regarding the Green Card application. I've been sponsored for EB1-B employment based category. In July/August 2017, my I-140 was approved (I was under OPT that time). Then we applied for I-485 in mid-October 2017 (when I was in my H1B). I got an RFE and it was taken care of. I got my EAD/AP two weeks ago (valid for a year).

Now that I'm no more an employee of the company, what will happen to my I-485 and my status? Is my EAD/AP good now? I talked to that law firm, and they said they are not going to withdraw it. Everything is already done, probably the next milestone is the interview.

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Leaving the company does not, in itself, affect the petition -- people can be petitioned while not in the US and not working for the petitioner, as long as the petitioner intends to employ the immigrant after they immigrate. However, most companies will withdraw the I-140 after you leave the company.

If the I-140 is withdrawn before your I-485 has been pending for 180 days, the I-140 is revoked and your I-485 will be denied as there is no valid petition.

If the I-140 is withdrawn after your I-485 has been pending for 180 days, the I-140 is not revoked, and the I-485 may continue as long as you continue working in a similar job to the one you were petitioned for. You can work in the new job using H1b or on your EAD.

  • OK. For my I-485 case: Pending for 135 days (from file date, not RFE response). So I should ask the law firm partnering with my company if they are going to withdraw my application or not? – Tina J Mar 1 '18 at 18:58
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    @TinaJ: Well it would be the company's decision, not the law firm's. Maybe you should just wait and see, and not remind them about it. In the meantime, you can try to find a new job that you can transfer H1b to so that you will have status even if the I-485 is denied. – user102008 Mar 1 '18 at 19:34
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    @TinaJ: That's correct, if it gets withdrawn before your I-485 has been pending for 180 days. If it gets withdrawn after your I-485 has been pending for 180 days, it's fine. – user102008 Mar 1 '18 at 21:59
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    @TinaJ: Well, if they don't withdraw I-140, that would be a good thing. I-140 cannot be "transferred" to another employer. The new employer can go through PERM and file a new I-140, and they can use your previous I-140's priority date, but this would be a new I-140 nevertheless. However, if your I-140 isn't withdrawn before your I-485 has been pending for 180 days, then the new employer doesn't need to file I-140 at all -- you can continue to immigrate on your existing I-140. – user102008 Mar 3 '18 at 19:11
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    @TinaJ: I am sorry I am not an expert on this porting topic. In principle, an employer could still plan to employ you after you immigrate even though you left the company now, but I am not sure whether they will look into the employer's intention for not withdrawing. – user102008 Apr 20 '18 at 16:16

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