Again, I am so sorry to hear what'd happen to your wife. Here is some information I dig out. Unfortunately I didn't capture the Web address of the following texts.
Below is a similar case from another person and the original quote from the immigration attorney Carl Shusterman -
Question: Hi! Thanks a lot for the exceptional service. Need your suggestions. My (and family's) I-485, EAD, AP were applied for already. EAD & AP just got approved (as per online status) last week. I am going to lose my job in 1 to 2 weeks (hardly 60 days after the I-485 receipt date). But my employer will not revoke the I-140. I just got an offer from another company, but am unable to decide because of the 180 days rule. In view of the recent AC21 memo which seems to have two conflicting statements regarding validity of an I-140 in the case of a second employer before 180 days. What would you suggest? Even if I join the new company before 180 days and my old company retains the I-140, can I still claim that the original sponsor is still supporting my green card (even after laying me off) and for the time being that I'm working for the new company (on EAD or H-1B, another question). Then I could say I will return to the old company as soon as they find a project for me? I want to specify that my I-485 was applied after approval of my I-140. Thanks.
Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is ted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
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Hopefully it is of help to your wife case. Try working with your attorney directly by referring to this comment. And keep me posted of the progress if you want.
Below is a similar case from another person and the original quote from the immigration attorney Carl Shusterman -
Question: Hi! Thanks a lot for the exceptional service. Need your suggestions. My (and family's) I-485, EAD, AP were applied for already. EAD & AP just got approved (as per online status) last week. I am going to lose my job in 1 to 2 weeks (hardly 60 days after the I-485 receipt date). But my employer will not revoke the I-140. I just got an offer from another company, but am unable to decide because of the 180 days rule. In view of the recent AC21 memo which seems to have two conflicting statements regarding validity of an I-140 in the case of a second employer before 180 days. What would you suggest? Even if I join the new company before 180 days and my old company retains the I-140, can I still claim that the original sponsor is still supporting my green card (even after laying me off) and for the time being that I'm working for the new company (on EAD or H-1B, another question). Then I could say I will return to the old company as soon as they find a project for me? I want to specify that my I-485 was applied after approval of my I-140. Thanks.
Carl: The 180-day portability rule was designed for cases such as yours. None of the four USCIS service centers which adjudicate I-485s do so in less than a year, much less 180 days. Your question is based on the misconception that any change of employment within the first 180 days after the I-485 is ted may be fatal to your application. The truth is that since you intended to work for the initial employer, but were laid off, it is your responsibility to find a new employer who can offer you a job in the same or a similar occupation as soon as possible. I would urge you to wait until 180 days have passed since the submission of your I-485, and then your intent letter and a letter from your new employer in order to invoke the portability doctrine.
The reason that I urge you to wait until after 180 days, is that if you notify the USCIS of your change of employment now, the agency could deny your I-485 before the 180 days have been reached and you would not be able to take advantage of the portability rule.
----
Hopefully it is of help to your wife case. Try working with your attorney directly by referring to this comment. And keep me posted of the progress if you want.
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