changed employer after I140 approval.. new employer did not file GC yet

[awaitingGC1011]

Hi,

I worked with Company A for 3 years and during this time They filed my labor and I140 and I have a priority date of Nov 6th 2007 in EB2. but in 2009 the company got debared for 1 year and my extension of h1B was denied so I transfered to another company B. Company B has not filed my GC yet.

1. Can Company A still continue to process my GC even if I am not their employee? and apply for 485?

2. I am presently stuck in hyderabad (India) due to administrative processing for my Visa stamping. Most probably in next 2 months my priority date will be current . Can I continue to proccess my employment based GC even if I am not in USA physically?

thanks

[Belle]

1. The company can continue your immgration process, but they can't file your I-485 because only you can do it.

2. Yes, your green card sponsor may switch you over to consular processing. Just for the record, there is no I-485 in consular processing.

[awaitingGC1011]

@Belle

thanks fpr the info. it is really helpful.