arunkumarcg Posted December 18, 2018 Report Share Posted December 18, 2018 Hello, My I-140 was approved with company A and i moved on and started working in company B. Company B is planning to port my old I-140, but it is taking lot of time and getting delayed. My question here, if the dates get advanced and my priority dates reach before company B can port, can my old employer A apply for GC? Old employer A is willing to apply/process for my GC though. After porting to company B, can company A still apply or take up my GC process? Thanks, Arun Link to comment
care_candidate Posted December 20, 2018 Report Share Posted December 20, 2018 No, only current employer can file for Green card, I-485. They also need to submit form I-485J with the application to confirm that you will be employed at the time of receiving GC. Link to comment
pontevecchio Posted December 20, 2018 Report Share Posted December 20, 2018 The previous employer has already filed for the GC. Once your dates are current, you can certainly file for AOS if A wants you back at the job. If not, the new employers EVL can be used along with the supplement to file AOS. Link to comment
JoeF Posted December 20, 2018 Report Share Posted December 20, 2018 The I-485 is your application. You can use the I-140 from the old employer if you are going back there when the I-485 is approved. You probably also would have to submit an I-485j from the employer. Link to comment
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