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getmetheinfo

eb3 india priority date current but moved out of the company

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Hi,

My EB3 Green card process was started in 2007 by Company A and I have an approved I-140 with a priority date of Dec 2007, as of the Nov 2018 Visa bulletin my case is current but I in 2013 I moved out of Company A (although the Green card process was never revoked by Company A) and joined several other companies based on the approved I-140. 

Since my case with PD Dec 2007 is current what are my options ?

Can I file for 485 without joining Company A ? 

Should I have to join back Company A to file for I-485 or if its possible to file for EAD and I485 without joining Company A, at what stage do I "have" to join Company A ? 

Appreciate your insight into this matter, 

Thanks,

Sheldon

Edited by getmetheinfo

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You have to be employed at same company A at the time you file I-485. Furthermore, they changed rules slightly - So now instead of employer letter that used to go with I-485 application saying that "This employee is working with us and will continue to work on receiving Green Card.....", Employer has to sign form I-485J. THis form is essentially same as saying what it was before in letters, except it is in the form of form so there is no word play with it. You cannot file for EAD as EAD's requirement to approve is to have I-485 in pending status for more than 180 days.

You have to join company A, then file I-485 and I-485J and other documents (Birth C, Doctors form, Degrees....etc.), Also file I-765 (For EAD) stay with company for more than 180 days and then switch job. However, it seems that you are joining employer A for the sake of getting EAD (Or Green Card) only. ANd that will act against you, if you cannot come up with convincing reason to why did you leave this employer.

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