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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.
📅 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
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