Sakshi Dawar
Jul 21, 2026
Timeline Share & Advice Needed: Layoffs, Status Gaps, Rejoining Original Employer, and EB-1C Functional Manager Continuity
Here is the detailed timeline of my green card journey, along with a complex status situation. I am looking for advice or shared experiences on whether my existing EB-1C process can be continued, or if a completely new filing is required.
š
The Timeline
April 12, 2016: Original EB-2 Priority Date.
January 19, 2025: Filed EB-1C I-140 concurrently with I-485 (regular processing, piggybacking the 2016 PD).
January 23, 2025: Laid off from the sponsoring company 4 days after filing.
March 31, 2025: Moved to H-4, but my spouse was unfortunately laid off on this date.May 2025: Filed for a B-2 change of status after the H-1B grace period ended.
April/May 2025: Received my 5-year EAD card.
July 2025: Received my Advance Parole (AP) approval notice.
July 25, 2025: Found a new job; employer filed an H-1B petition.
August 11, 2025: H-1B approved with a new I-94.
August 18, 2025: Pending B-2 application approved with a validity date until November 8, 2025 (creating a "Last Action Rule" overlay).
Late 2025: Accepted an offer to rejoin my original sponsoring company. The legal team noted that technically my non-immigrant status had expired in November because of the B-2 approval timing. However, even though the company flagged me as out of non-immigrant status, I was never working illegally. Because I had an approved EAD, I was fully authorized to work, and my pending I-485 kept me legally remaining in the US as a person in a period of authorized stay.
February 2026: Traveled internationally and re-entered the U.S. using my valid H-1B visa stamp to clean up the non-immigrant status gap.
March 14, 2026: Original employer successfully filed my H-1B transfer, which was approved.
Current Dilemma & Questions
The original company has confirmed they will not withdraw the application; it will simply remain pending. However, my EB-1C was filed as a Functional Manager position. I am now back with the company on a different team, and the current team states that my new role is not a functional managerial position.
1. Can the pending EB-1C I-140/I-485 process be continued? Since the company is leaving the application pending and I am back with them, can they still support the original petition if the new team does not view the role as functional management? Does the change in team/job duties invalidate the underlying EB-1C requirement?
2. Does AC21 Portability apply? Can I file an I-485J to port this to a different team internally, or even a different company, if the underlying EB-1C I-140 was never approved and I was laid off so quickly after filing?
3. What needs to be filed next? If the current team cannot support the functional managerial requirements of the EB-1C, does the company need to start a completely new PERM/EB-2 or EB-3 process from scratch while my I-485 remains pending?
Would appreciate any insights from folks who navigated EB-1C functional manager alignment issues or team changes while the I-140 remained pending.
Birth country: India
ADVERTISEMENT
Stranger DangerJul 21, 2026
My view- you need to have supporting documents to prove your eligibility in case of RFE from employer you would be working during RFE
wisdom pJul 25, 2026
what is your status of ported I-140. is that approved and when ?
Sakshi DawarJul 25, 2026
@wisdom p - it is still pending. But not withdrawn by the company.
