When an employer is the one who sponsored a green card, what happens when that job falls through before the green card arrives? It depends on the details of a case, but there is still the chance to successfully complete the green card process even after getting laid off. In most cases though, this will mean going through the whole process from start to finish.
When You Have to Start Over with Your Green Card Application
The first step is to look for a U.S. employer, someone who is ready to sponsor you for a green card. Then that employer has to complete labor certification (PERM), and fill out another I-140 petition, just as your previous employer did. After these steps, the USCIS could approve the forms, and then you could be able to submit yet another I-485 application. The good news, if you get this far, the USCIS will still keep your previous priority date. For example, let's say that after your original employment-based green card application, your priority date was December 1, 2010. Then let's say you lost your job, found a new one, and went through the process again, and your second I-140 application was filed on December 1, 2013. You could still have the same priority date as before, meaning that you do not have to wait as long as someone who filed their first application on the same day as you filed your second form.
When You Don't Have to Start Over
In some cases, it won't even take you this many steps to get right back on track. If you were waiting on your first employer's I-485 application for 180 days or more, got laid off, and then found a new job that is nearly the same as your first job, then you do not have to begin all over again with the application process. This is because of the law AC21, which allows a worker with a pending I-485 application to find a new job and employer after waiting on that application for 180 days or more. For example, if a computer programmer gets laid off, but then finds a job with a different employer working as a programmer analyst, this is called "porting". If a worker finds a similar job through porting, then all an immigration attorney usually does is formally let the USCIS know about the porting, and your I-485 application should move along with no delays due to the new job.
Maintaining Legal Status in Between Jobs
Before you find that new job, how do you keep "authorized status"? For one thing, getting laid off does not mean that your authorized status is instantly revoked. This status will end only if a USCIS interview takes place, and your I-485 application is denied.
When you first submit your I-485, you must have also completed an Advance Parole (Form I-131) and an Employment Authorization (EAD, Form I-765), each form carrying incredibly vital benefits. The AP form would let you leave the U.S. while your I-485 is pending, and the EAD would enable you to work for more than one U.S. employer without their having to complete a work visa for you. In this way, if you do find a second job, the EAD would mean you are eligible for AC21's porting provision.
However, it can be a precarious situation to be on the job hunt while your green card application is pending. If you or someone you know is in this situation, it is advisable to consult an immigration lawyer as soon as possible, lest you find yourself confronted with unlawful presence and time bars. Find the experienced legal expert you need today!