Judith, continuing with my question ,
How much time do I have between when I am terminated and finding a similar position and what is my immigration status? Am i out of status? How long do I have before I become out of status as it may take a long time to find a job in this economy which is similar? Can I take a job which is similar which pays considerable less and still not have conflict with I140 and I485 unapproved?
west palm, Florida
talking with Just Answer lawyer Judith
You are legal. As per the memorandum I sent you previously, you are in a "period of stay authorized by the attorney general" while the I-485 is pending.
You have up until the time Immigration denies the petitoin I-140 and the I-485 to stay and work for any employer.
You will only have until they request an offer letter to port to the new employer. There is no predicting when that will be but since EB1 is current, it would be any time.
They give you 45 days to respond and if you don't then both the petition and adjustment will be denied shortly thereafter.
Pay is not a factor in porting. It can be a job at lesser or greater salary.
Just remember, key here is your former employer agreeing to respond to any Request for Evidence from CIS on the petition and them doing so with the necessary documentation requested and within that 45 days they are given to respond.
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33 yrs attorney on all nonimmigrant & immigrant visas
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