Can eligible I-485 filing after changing to new employer with I-140 Approved ?

[kpsvas]

Hello,

 

My I-140 approved in Jun 2011 for Employer A, now changed to Employer B two month ago with my approved I-140. Now am I eligible for applying I-485 since my PD is current in next month ?

 

Appreciate your advise.

 

Thanks

Srini

[jairichi]

You can provided you can get a letter from I-140 employer that the job still exists based on which GC process was initiated.

[Sweetpriyan]

Same Question Here. The Existing Employer A's  I-140 still valid. Not Cancelled Yet. Please advise me.

[jairichi]

Same Question Here. The Existing Employer A's  I-140 still valid. Not Cancelled Yet. Please advise me.

You can provided you can get a letter from I-140 employer that the job still exists based on which GC process was initiated.

[konquistador]

Yes i agree that the previous employer has to apply for I-485 in this case. And they can apply EAD and Advanced Parole too simultaneously with I-485. This is in good faith that the employee will come back to work with the company in future.

 

But i heard that its better to transfer back to previous employer and be on his payroll when I-485/EAD/AP is under processing. Is this true? Any recent statistics on this ?

 

Also my question is that once EAD is approved(say after 6 months) and I-485 still pending, can i move to another employer and port the I-485? Should that new employer apply for Labor/I-140 again or can they directly transfer over the I-485?

 

Thanks,

Kon

[kpsvas]

You can provided you can get a letter from I-140 employer that the job still exists based on which GC process was initiated.

 

How can I apply for I-485 if I get a letter from my previous employer. Could you please advise the process ?

[JoeF]

How can I apply for I-485 if I get a letter from my previous employer. Could you please advise the process ?

 

You need a job offer letter from the old employer, and you would need to start working for the old employer when the I-485 is approved.

[bangaloreguy78]

When will the I485 be approved for these pre-AOS kind of cases ? Will it take several years , that is, when actual GC numbers are available ? 
Or , will it be approved in a few months when EAD/AP are provided. So, does this mean that we need to join old employer in a few months ?

Basically, when does the obligation to join the old employer arise ?
Thanks.

 

You need a job offer letter from the old employer, and you would need to start working for the old employer when the I-485 is approved.

[Sweetpriyan]

Thanks. Your Replies are very helpful.