jfgd31 Posted April 29, 2018 Report Share Posted April 29, 2018 I had changed my employer a few years ago. My current employer had filed a new PERM and during I-140 they had ported the priority date from the PERM application filed by my previous employer. Now my priority date is current, but my current employer’s attorney says that my PERM was filed for a higher designation than I am currently as a result to move forward with my AOS filing, they need confirmation from my employer to either promote me to the higher designation (per new PERM application) or confirm promotion after my green card application is approved. Due to this my AOS filing as gone into a holding pattern, as attorney is awaiting decision from my employer. Considering dates can get retrograde, time is of the essence when filing I-485. Could you please advise what option(s) I have to move forward with filing my AOS application? Further if my employer declines to promote me, restricting attorney from moving forward with AOS filing, is there any way I can file my AOS application all my myself? Appreciate your suggestions/inputs. Link to comment
satya2k1 Posted April 30, 2018 Report Share Posted April 30, 2018 yes, you can file AOS by yourself. however, your employer need to sign the Supplement J form which states your proffered position and wages etc. in line with your PERM which was filed by your employer. Link to comment
satya2k1 Posted April 30, 2018 Report Share Posted April 30, 2018 My previous response is based on assumption that you have I-140 approved from current employer. Link to comment
jfgd31 Posted April 30, 2018 Author Report Share Posted April 30, 2018 Thanks much satya2k1 for your response. Yes, my I-140 is in approved state. However, I am not very sure if I follow your response. If my employer is willing to sign the Supplement J form (then to my knowledge they will confirming the promotion on my GC application approval) they would also be ready to provide approval to my attorney to move forward with my AOS. I think my question is, if my Employer is NOT ready to promote me to the position mentioned in my PERM filing, what are my options for AOS? Link to comment
satya2k1 Posted May 1, 2018 Report Share Posted May 1, 2018 If your employer is not willing to sign Supplement J, then you have to wait to file your AOS until you qualify as per conditions in PERM. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.