Ben did you get your ead approved? sounds like you can port if that’s the case and file the 485j. you can still port without ead so long as you don’t start to work for them until ead arrives

oh I didn't know you could port without EAD, how is it possible ? our lawyers told us you can also port to self employment

and to answer your question no EAD yet.

how would you port to self employment as you can’t sponsor yourself? oh maybe for EB1 or EB2 NIW they may mean?

it's an EB1 yes . and I have a lot of companies willing to hire me as a consultant. from my understanding the job description (that I give myself in that case) has to match the one of the initial petition. seems like the EB1 is not specific on the type of employment.

Here's a chart that might help you.... https://immigrationvisaattorney.com/termination-and-green-card-application/

I think you would just file the new EB1 and once approved you can move the i485 to it. you can do premium processing for the EB1 so will be fast to get approval. That would be a great position to be in as you wouldn’t be tied to a company if you do EB1-1

it's an eb1c and there is no premium processing at the moment. @Tj M I know this chart but there is not the case of the i140/485 filed concurrently 6+months ago and without i140 withdrawn by the employer.

I would say you don’t need to tell them anything and stay quite since you have filled 140 and 485 together. Get a good attorney in case you have not filled your 485

yes the attorney also advised to not file the 485j too early because both i140/485 were approvable more than 6 months ago , given the delay it's very likely both will be approved without RFE/NOID and even if NOID they would be notified.

I’m confused, is your current application a EB1 c and your new employer also a eb1c? or just the new one?

when you port your application it stays the same, the job just need to be the same or close

but the new i140 still needs sponsoring even if you port. so I assume it will be eb2 from new company (as it can’t stay at eb1c) or you are self sonosoring with an eb1a or eb2 niw

I think that's the same case as if you leave your company after 6 months of i485 filing , If your previous employer withdraw the i140 (even before approval) it does not affect the processing of your i485 if you stay on the same job. The sponsor just needs to be valid at the time of i140 filling. at least that's how I understand it and how it makes sense. in particular for EB1 since it's an advantage for the US to keep them (whatever the employer doing the sponsorship)

I think some cases are not clear but from the USCIS website it seems pretty clear: "However, if the business termination occurs 180 days or more after the approval of the petition or a corresponding adjustment application has been pending for 180 days or more, the petition may remain valid for priority date retention. The applicant may be eligible to port under INA 204(j) for the adjustment application (unless USCIS revokes the approval of the petition under substantive grounds) if he or she satisfies all of the requirements to port based on a new same or similar position and the adjustment application has been pending 180 or more days when the business terminated.[13]"

the risk you have is all in the word ‘approvable’ when they review the i485j if they find any holes in the original i140 eb1c such as- the foreign company didn’t have enough T/O or your role didn’t fit all the criteria etc etc then they can deny it. I know this is I am an E2 investor and looked into the eb1c option carefully. it was more challenging than the eb2niw. but if you think the approvals part is concrete it sounds good.

E2 here too, was managing a team and generating revenue, also part of the management team so the approvability should be OK. the eb2NiW looks like an option but proving extraordinary skills is challenging too, are going this path? want to avoid PERM?

and anyway porting or not porting the issue raised is the same right? it's a green card

eb2 niw was approved after 11 months last September. waiting for i485 now. have EAD. I used https://www.nationalinterestwaivers.com

wow congrats, I'm guessing its all about documentation, and for sure you deserve it :)