I just received a notice from USCIS for my employment-based EB1b green card interview, set for mid-April. I already left my previous job, and am currently unemployed, searching for another job.

While all supplements for Bona Fide job offer (I485-J) has been submitted already at the time of filing, do I need to have a job/be employed at the very moment of the interview?

Based on definitions, my I-140 is already approved, meaning that I am already qualified. Plus I also had an offer at the time of filing.

My I-485 received date is October 18, 2017, and the interview will be on the day #183 (right now I'm on day #159). Here is what they asked to bring.

enter image description here

  • 1
    To make this question answerable on its own could you confirm the I-140 was for an employer-petitioned EB-1 and that the I-485 has been pending for less than 180 days? Also, does the document list for the interview ask for an employer letter confirming the job offer and/or a completed I-485 Supplement J? If it does I think they'll be wanting current documents, not copies of what they already have... – Dennis Mar 26 '18 at 0:14
  • 1
    @Dennis I just updated my question. – Tina J Mar 26 '18 at 5:18
  • @Dennis Dennis, wondering if you might have any comments? Looking forward. – Tina J Mar 29 '18 at 20:17
  • 1
    I'm not sure I know anything. In the olden days (like 6 months ago) if the job your I-140 was based on was one you already held as a non-immigrant, USCIS would almost certainly have adjudicated your application on the information they already had and waived your interview. If you held your job when you filed your last papers your next step would have been to go to the office for an I-551 stamp. One of Trump's executive orders required them to stop waiving interviews, however, so that is likely why you are going to one. – Dennis Mar 29 '18 at 21:54
  • 2
    Since I don't know anyone in your situation who has had to attend an interview I don't know what happens there and there is nothing in your letter that provides any clue. They could approve you as they surely would have before interviews if they determine from the interview that you aren't a terrorist, or they could be tightening the de facto requirements for people in your situation. Since this is all new, this is really a case where talking with a lawyer who sees enough people like you to give you some idea what will happen might be a good idea. – Dennis Mar 29 '18 at 22:11

You must either be employed at a similar job and your I-485 has been pending for 180 days, or the company that petitioned you must still be planning to employ you, and you plan to accept, after you immigrate.

So to answer your literal question, no, you don't need to be employed, and don't even need to be in the US, but in that case, the employer that petitioned you (the one you left) must still be planning to employ you after you immigrate. I am guessing that the company that petitioned you is no longer offering you a job, so you will need to have a similar job at the time of the interview and your I-485 needs to have been pending for 180 days, and I believe they will probably as you to file a Supplement J confirming this.

| improve this answer | |
  • 1
    My reading of 8 CFR 245.25 is that a "similar job" is only acceptable if the I-485 application has been pending for more than 180 days. If it has been less than 180 days (as I gathered from other posts may be her case) then I think the job must be the one in the approved I-140. – Dennis Mar 26 '18 at 3:58
  • The thing is that my interview will be exactly on the day #183. Hoping I will get a similar job and I will have offer, so I will just appear as is? What should I say if they asked are you currently employed or such? – Tina J Mar 26 '18 at 4:41
  • 1
    I was thinking to reschedule it or ask new employer to file port right 3 days. What a messy situation my god. – Tina J Mar 26 '18 at 4:42

Not the answer you're looking for? Browse other questions tagged or ask your own question.