What happens if You Lose Your Job before You Get a Green Card?

Many foreign nationals employed in the US by means of a temporary visa are eligible to obtain a green card through an employer sponsorship. Unfortunately, at times, a foreign national might lose his/her job, at a time when their green card application is still being processed with the USCIS, certainly in a time that sees a recession go on forever with no end in sight while taxes are raised and regulations are increased on businesses.

There are not any Guarantees

It is not necessary by law for employers in the US to keep a foreign national employed, even when he/she has applied for a green card and the case is pending. Presently, nothing can prevent an employer from dismissing the foreign worker from his job. This is not Cuba, businesses have rights.

However, immigration lawyers are of the opinion that there is way to overcome this problem. Foreign workers, who have their green card application pending, can maintain their lawful status in the country. Amazing legal help such as what can be found on this website - https://usattorneys.com/ - will not be able to get your job back but will help you remain in the country so you can find another job so you can maintain a productive life.

Losing Your Job, but Getting Your Green Card

For the most part, it is indeed disturbing to lose your job at a time when you eagerly await your green card. However, there is some good news. Some people may still be able to obtain their green cards. However there is a bad side to this. The foreign national needs to begin the whole process of employer sponsorship all over again, with a new employer.

This process involves finding another employer who is ready to sponsor you but you have to wait until your new employer finishes the labor certification process or PERM, and files a fresh I-140 on your behalf. Once the USCIS approves it, you can file for a fresh I-485 application. It would be prudent to seek the assistance of an immigration attorney to help with the paperwork.

Fortunately, in such a situation, you can maintain your old priority date and the USCIS can use this for your fresh I-140 petition. If you file an application in the high-demand it could help speed up the process.

How to Maintain Status after Losing Your Job?

According to immigration attorneys, another serious concern for foreign workers who no longer have their jobs during the green card process is to continue maintaining their lawful status after their employer has fired them. However, if you have filed the I-485 application already, you are in “authorized status,” and being laid off doesn’t automatically endanger your own status.

Further, when you file your I-485, you ought to have filed for Advance Parole too, using Form I-131 as well as for Employment Authorization using Form I-765. If you haven’t these two applications, make sure to do so as early as possible since you stand to gain significant immigration benefits.

The Advanced Parole lets you travel abroad as you wait for a decision on your I-485. The Employment Authorization Form I-765 lets you work for any US employers without the need for your employer to file an H-1B petition on your behalf. The moment you receive a fresh employment offer, you qualify for “porting” under the AC21.

The Right Person for the Job

Whenever foreign nationals end up losing their job, their immigration status is a major concern. However, all it takes the assistance of an experienced immigration lawyer to overcome any hurdles.

You may have lost your position but you did not lose your ability to retain incredible legal assistance. Some of the best legal representatives in the country are on this site. And we all know you have access to the Internet! You can rebound from this we hope you do.