NETPro Posted July 8, 2011 Report Share Posted July 8, 2011 When I was working for employer A in 2007 they started collecting required documents from me to start green card processing under EB2 category, in Dec, 2007 I had resigned employer A and joined employer B but employer A had filed PERM for me in Mar, 2008(PD). My PERM and I-140 had got approved in 2008 from employer A under EB2 category even though I was not working employer A. I am still an employee of employer B, when my PD becomes current can I apply for 485 and EAD from employer A? Here is some more information: 1. I dont want to port my I-140 to employer B because employer B is a multi-billion dollar company and they do only EB3 2. Employer A always welcomes me to join them and they never want to cancel my I-140 or anything, employer A is a consulting company with very few employees. 3. Employer B said that they don't want to port my EB2 because employer B doesn't want to start EB2 for anyone even though they are eligible for EB2. Employer B promised that once my PD becomes current then they let me do 6 months contracting from employer A and once I get green card then employer B wants to re-hire me. Link to comment
Attorney_19 Posted July 10, 2011 Report Share Posted July 10, 2011 If an I-140 petition for immigrant worker has been approved on one's behalf, then one can file an I-485 (when the priority date is current) based on that I-140 if the Petitioner still plans to offer the job according to the terms and conditions of the I-140 petition and the Beneficiary still intends to work for the Petitioner in the sponsored job on a permanent basis upon approval of the green card. Link to comment
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