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2h
EB2-NIW layoff while I485 pending for less than 180 days
I am an EB2-NIW applicant. My I140 was approved in Apr 2024 (petitioner: employer) and I filed my AOS in Jan 2026 i.e. it's been pending for less than 180 days. I'm curious what happens when I get laid off now? My employer's immigration firm told me while my I-140 will remain approved, I'll still need a new I-140, and that I can remain in the US without a job but there are "many specifics and details" that can affect this (didn't expand further). It's different from what I read, curious how true this is.
When I reached out to NIW attorneys (eg. Chen), everyone answered they only take new cases and mine is not their area of expertise.
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Kent .2h
By law, you need to file a petition with your new employer, given that the job position is absolutely the same.
2h
if you’re EB2-NIW u don’t need a job to file form i140 to begin with. it’s not like your employer was the one who petitioned for you. if you have a valid work permit I would say it’s okay to look another job
B B1h
EB2 NIW and EB2 employer sponsored are not same. Incase of NIW EB2, you don’t need to maintain job. If it is EB2 sponsored by employer, you might face interview in AOS if you lose the job.
