Q: EB1 with an i140 approved, but god forbid if I get laid off, and forced to return to my home country

A: To answer this question accurately, let's break it down into several key points:

1. Priority Date Retention:

Generally, you can retain your priority date from an approved I-140 petition even if you change employers or leave the country. The priority date is typically preserved as long as the I-140 was approved and not revoked due to fraud or material misrepresentation.

2. Returning to Home Country:

Returning to your home country does not automatically invalidate your approved I-140 or cause you to lose your priority date. However, there are some considerations:

a) Visa Status: Your current O visa would likely become invalid if you leave your job and the U.S.

b) Maintaining the I-140: The I-140 itself remains valid unless revoked by the employer or USCIS.

3. Green Card Process:

You won't necessarily have to restart the entire immigration process, but there are challenges:

a) When your priority date becomes current, you'd need to be in valid status in the U.S. to adjust status (file I-485).

b) If outside the U.S., you'd need to go through consular processing when your date becomes current.

4. Time Considerations:

There's no specific time limit on how long you can be outside the U.S. and still use your approved I-140 and priority date. However, the longer you're away, the more scrutiny your case might face when you attempt to return.

5. EB-1 Self-Petition:

The fact that your EB-1 is self-petitioned is advantageous, as it's not tied to a specific employer. This gives you more flexibility.

To maintain your options, you might consider:

1. Finding another job in the U.S. to maintain status if laid off.

2. Exploring other visa options to remain in the U.S. if possible.

3. If returning home, maintaining evidence of your continued extraordinary ability to support a future visa application or consular processing.

Given the complexity of your situation and the high stakes involved, it would be advisable to consult with an experienced immigration attorney for personalized advice.