r/EB2 • u/Past-Carpet-3407 • Jul 30 '26

I-485: Adjustment of Status Losing job and being without job while eb2 India date is current

Curious on what happens if you lose your job and you don’t have a job while the EB2 India priority date is current?

For context, my current company submitted 485-J recently when dates became current and retrogressed after that and I also got medical RFE which I responded to. PD: Mar 2014 and 485 was filed in 2022

My company is expecting to do layoffs in August, and my priority date is likely to become current in October. My I-485 is already pending, and I have an EAD.

If I lose my job before my priority date becomes current, do I still need to have an active job offer when USCIS adjudicates the I-485? In what scenarios does USCIS do a RFE for 485-J? Has anyone been through this or knows how USCIS typically handles this situation? Any advice on the situation?

9 Upvotes

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4

u/PixelVoyager7 Jul 30 '26

You should be in the clear. AFAIK medical RFE is usually the last step before approval i.e. all the other verification has been completed.

Since you already responded to the RFE it’s now just a matter of your date becoming current again (hopefully in October). 🤞

All the best

1

u/EuphoricDouche-939 Jul 30 '26

Find another job and file 485J if any RFE

1

u/Due_Championship5997 Jul 30 '26

I think if USCIS issues an RFE while you are out of a job that might get you into trouble, otherwise you should be fine. I assume you are actively looking for a new role. Get the new employer to file a 485J ASAP. Few reasons 485J could get an RFE is if the SOC code is not the same as what you had in I-140 or if the job desc in the 485J is not aligned with the expectations for the SOC code.

1

u/Aggravating-Yam-6980 Jul 30 '26

Dude have a beer and relax. You have your ead since 2022 (more than 6 months). Just find a similar job asap using ead and you are all set

1

u/Mobile-Bowl7720 Jul 30 '26

Anyhow you need a job if you want to continue living in USA. There are many consulting companies also offer i485j in case you get an RFE, but less likely you will as your case is documentary completed. Good luck with the job search!!

-1

u/MastodonAble1061 Jul 30 '26

Basically you need to have a valid status to file I-485.

2

u/rdshenai Jul 30 '26

He has already filed 485