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jayabalan

i485 with new employer

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Hi 

this may be a stupid question. 

i have an approved i140 from previous employer with pd in 2015 . I have the below questions related to i486 filing. 

1. Can I still apply for AOS if the filing date becomes current in future if I don’t have perm/i140 from current employer ?

2. If filing date becomes current , how much time does one have to file the 485? 

Example- currently October bulletin had filing dat cut off of Jan 1 2015 , how much time does one have to file 485 ?  Mine is not eligible yet but just want to know in case it comes up in oct 2021 and I don’t have a perm/i140 from current employer 

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You need new perm/I140 approved before you can file I485 with new employer. One can file as long as their filing dates are current.

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1. If the I-140 petitioning employer has not withdrawn the I-140 and is still offering to employ you after you immigrate (and is willing to complete I-485 supplement J confirming this when you need it), you can still immigrate on it. Otherwise no.

2. You can file during any month when the date on the USCIS AOS filing chart for your category is past your I-140 priority date.

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