File I-485 with Previous Employer

[jkr1]

Hello All,

I have aprroved PERM and I-140 with a priority date July 2008 from Employer A, I no longer work for that employer and am employed at Employer B. On the PERM it is mentioned that I am currently employed with the petitioner.

Is the alien currently employed by the filing petitionar ? it is selected as Yes as I was working for them at that point in time.

Employer A is willing to file my I-485 when the PD becomes current, Can you please advise if there is any problem with that, I intend to go back to old employer if he can and once he files I-485.

Appreciate your help.

Regards,

Jkr1

[Belle]

Your employer cannot file your I-485 because the only one who can is you. If you intend to take this job offer and work for the employer indefinitely, you can file I-485. You should start after I-485 approval or earlier.

[jkr1]

Belle,

Thanks you for the response, I fully intend to work for the employer once I-485 is filed and after I get the EAD. The reason I had this question in my mind is because I was employed by him when my PERM and I-140 were filed and now I am not working for him.

Again thanks.

Regards,

Jkr1

[venkat12345]

I used to work on company A and company A has my Labor and I 140 (active) in Eb2 category.

Now currently, I am working in Company B. Since PD is current for Eb2. NO issues with company A

Question

Can I file 485 & EAD without being on company A's h1b?

My h1b is due for expire by Dec 31 .So in this scenario what will be the appropriate way?

Please suggest

[venkat12345]

I used to work on company A and company A has my Labor and I 140 (active) in Eb2 category.

Now currently, I am working in Company B. Since PD is current for Eb2. NO issues with company A

Question

Can I file 485 & EAD without being on company A's h1b?

My h1b is due for expire by Dec 31 .So in this scenario what will be the appropriate way?

Belle please do suggest

[Belle]

It really does not matter here whether you ever worked for the sponsor. It's not what the process is about. Yes, there was a question, and you answered it truthfully. That's it.

To file I-485 you need to be in status. Are you in status? If so, you may file.

[venkat12345]

Thanks belle for the reply