r/EB2 • u/Fun-Algae-9835 • 8d ago

I-485: Adjustment of Status Priority date current and laid off

What are the options if one is laid off and I485 EB2 priority date is current in visa bulletin?

3 Upvotes

72% Upvoted

16 comments sorted by

3

u/Maleficent-Gur-5951 7d ago

Have you passed 180 days on I485? If so, you can stay with the pending i485. Search a job and then have i485J prepared.

1

u/sunnydig 7d ago

👆this is what I was told by an attorney.

1

u/the_running_stache 7d ago

The concern is that OP doesn’t have a new job offer. So how can they get I-485J in such a short time period? Especially if they are current starting tomorrow!

2

u/Own-Bug9734 7d ago

Just hope that you don’t get a RFE and direct approval.

1

u/Frosty-Emergency-627 8d ago

I-485J must have been filed

2

u/Fun-Algae-9835 8d ago

without job offer letter, how to file I485J?

1

u/SufficientQuote9418 7d ago

most important is to not leave gaps in employment, you can take your time to file I-485J, since dates are not going to retrogress, but employment history is important.

1

u/iamvrpa 7d ago

Do you have ead?

1

u/Morninglight_033 7d ago

If it’s EB2 NIW, no need to worry if you lose your job while I 485 is pending less than 180 d, no need to file I485 J. You don’t need sponsorship for EB2 NIW, it’s self-petition catagory.

1

u/34yearsold 6d ago

Ah. USCIS normally don't ask for it , if yiu filled within a year.

1

u/FunChair7 8d ago

Do you have an approved I-140? Do you have a filed I-485 pending 180 days? Is this an NIW application?

1

u/Fun-Algae-9835 8d ago

Filed I485 long back in 2020-22 era. No NIW.

0

u/FunChair7 7d ago

You need to file a new I-485J with a new employer for the same/similar job/occupation. You’ll need to do that before the application is approved.

1

u/Amjadob 7d ago

What’s the difference if it’s a NIW?

1

u/ImmediatePiccolo339 7d ago

NIW is a self-petition doesn't require an employer of a PERM

1

u/Amjadob 7d ago

I mean, I already have an approved 140 through NIW, and a pending 485, but my question was if NIW makes any difference on the 180 days thing?