AOS filing without employer and living outside US


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My green card application in EB3 category is 'Current' with a May-2010 priority date. I left the employer and moved back to India in Oct-2011 and since then living in India.

I am looking for opportunities to file for AOS/EAD and move back to the US on a green card. I currently do not have any employment offers. 
Is it possible to file AOS/EAD application on my own, without an employer? Please provide your inputs.

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You would not be able to file AOS/EAD without the original employer. you might still be able to transfer your H1 assuming you had a valid I-140 and or unused H1B time , then follow the regular GC process of Labor and after it's approval be able to use the old priority date to file I140 and potentially I-485 assuming dates are current still.

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  • 1 month later...

Under current filing requirements, if someone is filing an employment based I-485 Application based on approved I-140 petition the applicant is required to have a verification of the job offer from the petitioner in the form of a signed I-485J. In the absence of the I-485J, the I-485 Application is deniable regardless of how long it is pending and is most likely to get rejected by USCIS.

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An I-485 can only be filed if you are in the US in a valid status. If you are abroad you could only go for Consular Processing. That requires a notarized recent job offer letter from the employer who filed the I-140.

And as was explained already, even in the US you would need a verification of the job offer from the petitioner.

You could get a new H1 based on the approved I-140, and the employer would have to start the GC process over.

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