I-140 Approved -> left job 4 months back -> priority date now current -> can I-485 be filed?

[AniruddhaDesai77]

Hello Fellow GC-oriented people :)

I am in situation where I am NOT currently employed with my past company nor on an H1-B visa. I left my job and went back to school for a second masters. So now, I am on an F1 visa.

Before I left my job at this company - my application for the green had been filed and my I-140 had been approved - but since the priority date was in May '09 I was looking at possibly waiting sometime before the I485 could be filed (adjustment of status).

Now, I recently heard that my priority date has become current. Is it possible for my ex-employer to file for my I-485 form EVEN THOUGH I am not currently employed with them? Can the I-485 be filed "in anticipation" of future employment? I was told recently this is possible as long as once I get the EAD, I DO ACTUALLY work with the company that sponsored the green card.

Thanks for your feedback and good luck.

[pontevecchio]

If the position is open you can certainly file AOS.