Approved I140 and Employer not sponsoring EAD/I485

[kedarnath]

I have a copy of approved I140 from my employer. however the employer denied moving forward with EAD/I-485. Right now my status is current under EB2 India. My H1B visa expires on 30th Oct 2015 my question on this forum,:

1. Can I file EAD/I485 with an immigration lawyer outside of my current employer while staying with the current employer?

Looking forward for getting the answer at earliest.

Thanks much.

[rahul412]

Yes that's possible.

[Attorney_21]

Kedarnath:

 

I'm not sure that I understand your question - are you saying that the employer won't proceed with the AOS filing at all (i.e. they are no longer offering you the "permanent"  I-140 position) or are they just unwilling to finance the AOS filing at this point?

 

Remember, you'll need a current offer letter for future employment to file your AOS, and filing for AOS if there is no longer a valid offer of future employment is bordering on fraud / misrepresentation, so you shouldn't do it.

 

If it's just a case of your employer not being willing to foot the bill for the filing, then you are certainly free to get your own attorney - you'll still need the current offer letter, though, so don't do anything that will cause your employer to decline providing that to you, or withdraw the offer of employment.