Can my old employer file my EAD

[kamalnegi]

Hi:

I am in a dilemma.

I have an approved i-140 from my old Employer A.

I transferred my H1B to my new Employer B last year. The new employer will not start the Grren card processing until i complete 15 months.

But since my PD is current can my old employer A file for my EAD(i-485), and if the EAD comes i have no issues going back to my old Empoyer A on EAD.

A lot of my friends have told me this is possible.

LEt me know if this is true and if anyone has done this.

Thanks, for your help.

[pontevecchio]

Does he want you back?

Do you want to join him?/

[Attorney_22]

Generally, the PERM process is for a future position. Thus there is not a requirement that you work for the sponsoring employer until the green card is approved. If the position with employer A is still available and the I-140 still valid, then it is possible to file your Adjustment of Status (AOS) petition based on the I-140 with employer A. Once the EAD is received you will be eligible to work for employer A prior to approval of the green card. However, please keep in mind it is advisable to maintain H1B status while the AOS petition is pending. If you have additional questions, please contact a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.