Kumar.23 Posted February 16, 2023 Report Share Posted February 16, 2023 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. Quote Link to comment
ksribhas Posted February 22, 2023 Report Share Posted February 22, 2023 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. Quote Link to comment
Attorney_15 Posted March 27, 2023 Report Share Posted March 27, 2023 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. Quote Link to comment
JoeF Posted March 28, 2023 Report Share Posted March 28, 2023 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. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.