Pending i485

Jan 9, 2021 15 Comments

I have an i485 that’s currently pending - it was filed 3 months ago. The processing times are between 12 and 24 months therefore I’d like to understand options for myself and my family.

Here are some questions -

1. When can I safely switch jobs, assuming I’m using AC21? I’ve read that I can do so after 6 months from received date of i485 receipt.

I’d also like to understand if I can have the new employer file the job portability supplemental and have it approved before resigning from current job. Is this common practice? Can this be done via premium processing, otherwise it can become impractical to wait for approval.

2. When can my partner change their job? Note, I’m the principal applicant.

3. When can we travel abroad, ignoring COVID related concerns with travel.

4. Can I work from abroad for some time, say 1 year without jeopardizing the application.

6. What happens if I’m laid off after 6 months of filing the application. Do I have 2 months to find another job or longer since I’m now in pending i485 status. Do I have as long as the date of the interview?

I’d also appreciate any immigration lawyer recommendation in the Bay Area who can help answer these questions.

#workvisa #h1b #i485

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