Goluram Posted August 12, 2015 Report Share Posted August 12, 2015 I am on H1b and my I-140 was approved last year, however the company is not filling I-485 before PD. I want to switch the employer and was wondering if I can file I-485 from an external attorney without telling my employer and wait for 6 months to be eligible for AC21 portability and then change the employer. Is it possible, and what are the impacts (if any)? Link to comment
JoeF Posted August 12, 2015 Report Share Posted August 12, 2015 The I-485 is your application, so you can file it if the job still exists. But, it can only be filed when the PD is current. If the PD is not current, it would just get denied. So, it doesn't help you any to try to bypass your employer. Link to comment
rahul412 Posted August 12, 2015 Report Share Posted August 12, 2015 You can file 485 by yourself, but I don't think you can do it before your PD is current. I think you need employment letter during filing so employer has to know that you are filing 485 by yourself. Link to comment
pontevecchio Posted August 12, 2015 Report Share Posted August 12, 2015 You cannot file AOS unless your PD is current. Link to comment
Goluram Posted August 13, 2015 Author Report Share Posted August 13, 2015 I understand your points, but then how I-485 is filled during concurrent filling at time the PDs are not current either? Link to comment
Goluram Posted August 13, 2015 Author Report Share Posted August 13, 2015 The I-485 is your application, so you can file it if the job still exists. But, it can only be filed when the PD is current. If the PD is not current, it would just get denied. So, it doesn't help you any to try to bypass your employer. I understand your points, but then how I-485 is filled during concurrent filling at time the PDs are not current either? Link to comment
JoeF Posted August 13, 2015 Report Share Posted August 13, 2015 I understand your points, but then how I-485 is filled during concurrent filling at time the PDs are not current either? It isn't. Concurrent filing is ONLY possible if the PD is current. Link to comment
rahul412 Posted August 13, 2015 Report Share Posted August 13, 2015 I understand your points, but then how I-485 is filled during concurrent filling at time the PDs are not current either? They do it only when their PD is current. Link to comment
pontevecchio Posted August 13, 2015 Report Share Posted August 13, 2015 Concurrent filing is only possible if the PD is current. Link to comment
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