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GKR13

i140 EB2 approved from Old employer,dates current,GC not started with current employer, how to file i485

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 What options I've to apply I-485; if I do not have an approved I-140 with current employer for my situation described below?( previous employer may not support or provide documents to file I-485 & not started GC processing with current employer)?

 

My situation:

I came to the US in 2008 on H1B and my I-140 is approved with my first employer Emp1 with priority date 2011. I moved to employer Emp2 , did not do any GC processing here, then I moved to Employer Emp3  and have been with this employer for the last 1 1/2 years,NO GC  processing is started yet, even PERM is not initiated.

 

If my date become current with H.R. 1044 being approved recently on 07/11/2019;

1. What options I've to file I-485, if Emp1 is not willing to support or provide documents? I do not want to miss the opportunity. 

2. Can I file my I-485 as an individual without depending on any future employer including employer who filed my I-140?

3. What all documentation need from an employer in order to file i-485?

 

Thanks

 

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1. You probably don't know this but you need to have whole new process to start for employment based green card each time you change employer. That means, with employer #3, you have to start process from PERM, then I-140 and when it is approved and date becomes current, you can apply for I-485. The only advantage you will have is that, during the process at the time of filing for PERM, you can request to retain the same priority date as that from first time you were issued priority date, which in you case is with employer 1.

2. No, but it needs some explanation. It is employment based green card so an employer needs to be in it for most part of it. As per the rule for employment based green card, first two processes (PERM and I-140), it is employer's responsibility to file these with you as beneficiary. For the last step, it is NOT employer's responsibility to file I-485 for you. Although some employers do that, it is not the requirement on their part and they cannot stop you filing on your own - But there is a catch. A beneficiary files for I-485 for himself/herself along with I-485J. Here, I-485J (A catch) is to be signed by employer that shows that that employer is willing to continue beneficiary employed as terms mentioned in I-140 with same/similar job with wages matching or exceeding prevailing wages in I-140. You cannot exclude employer(any) at any point during 'Employment based green card' application.

3. There is no point in somebody answering this question because it keeps changing slightly all the time with some basic documents remains the same. You can find that at USCIS website or IMHO a decent attorney should be hired to take care of this.

Edited by care_candidate

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Inform the company that you want to join them now as the dates are current and that you want to file AOS. 

Was the I-140 from A legitimate and if so what happened to that job?

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