An EB 2 employment based green card applicant is facing uncertainty after a possible layoff soon after filing. The individual submitted the I 485 application just two months ago. The sudden development has caused understandable concern.
The applicant had earlier moved from an H 1B visa and received an approved Employment Authorisation Document. Their employer filed both the I 140 and I 485 petitions. However, the company is now considering a layoff.
Losing a job at such an early stage of the green card process can create anxiety. The applicant feared they might need to return to H 1B status. They also believed they might have to refile a PERM application.
Immigration experts have provided reassurance in this situation. They clarified that an approved EAD remains valid even after employment ends. The card is not tied to the employer who filed the I 485 petition.
With a valid EAD, the applicant can work for any employer. They can begin searching for a new job immediately after the layoff. There is no restriction limiting them to their previous sponsor.
If the I 485 remains pending for 180 days, the applicant can use the AC21 portability rule. By filing Form I 485J, they can notify USCIS about a qualifying job change. This process allows them to continue the existing green card application.
Importantly, the original priority date remains protected. The applicant does not need to switch back to H 1B or restart the costly PERM process. With proper guidance, the green card journey can stay on track.
