hnfw foqp
Feb 16, 2026
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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K.k .Feb 16, 2026
By law, you need to file a petition with your new employer, given that the job position is absolutely the same.
Feb 16, 2026
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
hnfw foqpFeb 17, 2026
It’s NIW I said it in the title, It’s not PERM. They’re both EB2 but they’re different categories. NIW can either be self-petitioned or employer-petitioned.
Al OFeb 19, 2026
eb2-niw does not need any employer, you got your i-140 based on your background and your future proposal.
Unemployment does not hurt your i-140; even thousands of people are applying this greencard category without any job.
So, just continue your i-485 journey, i-140 is over.
Company's lawyer does want to make money from you ! Get rid of him asap.
