Greencard Sponsor willing to file I485 after I moved to a new company

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My priority date for my green card is in August 2012 in EB2. This was approved with my earlier employer, now I have moved on to a new company which started my Greencard processing but is stuck in prevailing wages. 

As my date is close for final action dates, my earlier employer (Greencard Sponsor) reached out to me asking they would be willing to file my I-485 for me and my dependents even before I join them as long as I pay fees.  I want to understand consequences of doing this and possibility of rejection as I am not a employee with them now. 

I am willing to join my older company if we can find right job / role, but it will involve a major pay cut will this impact my Greencard Processing as it will be evident in my tax filing.

My questions

* Can I let my earlier employer (Greencard sponsor) file I485 without me joining the company ? Are there any risks doing this ?

* If I do this, will I get a EAD & AP ? Will my H1 with current employer still be active ?

* By when I should join my old employer ?

* If I join my old employer how long should I work for them before I can move?

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  • 3 weeks later...

1) Yes, no risks involved.

2) Yes, you will get an EAD and AP after filling for I-485. But the processing and approval of EAD/AP is subjected to USCIS processing timeline (taking atleast 6-7 months minimum) and the completeness of your application (to avoid delays due to RFE). You would still have to maintain an H-1B status or some form of work visa with your old employer in order to start working with them and then later file for I-485. Please remember I-485 filing or EAD/AP filing does not grant you any legal status until the application is approved.

3) You could move back to your old employer as soon as the H-1B transfer is completed or some form of work visa is approved.

4) There is no set timeline on how long you should work with that employer after getting your permanent residency. The intent here is to show good moral conduct and at the least 3 months should be a reasonable time to show that good faith.

Edited by Engineer80
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