What happens after I submit I485 based on EVL from previous company's I140? Who submits the I485 ?

[bangaloreguy78]

Hi,

Lets say - I have an approved I140 from 2010 from Company A. The I140 is not revoked yet. 

I have subsequently moved to Company B since 2012.

I believe, I485 can be filed now if the original job position exists with Company A, and company A will provide the letter. Pls assume that "Company A is willing to provide the letter". 

Questions: 
1) Can I file I485 by myself ? Or Company A will have to do it using their lawyers ?

2) Can the I485 be filed without actually joining Company A ? At what stage will I have to mandatorily join Company A ?

3) When will the I485 be adjudicated ? Is it after the priority date becomes current (i.e. after many years) ? Is the purpose of I485 filing when priority date is not current just to get EAD/AP ?

Pls reply. 
Thank you !
 

[JoeF]

You will have to start working for company A when the I-485 is approved. Are you prepared to do that? Is the company prepared to hire you? If not, giving you that letter would be immigration fraud.

[jairichi]

1. Company A.

2. Yes. Once GC is approved.

3. Depends on visa availability.

[bangaloreguy78]

I am willing to join Company A, and Company A is willing to hire me.

 

You will have to start working for company A when the I-485 is approved. Are you prepared to do that? Is the company prepared to hire you? If not, giving you that letter would be immigration fraud.

[bangaloreguy78]

2. Yes. Once GC is approved.

That would take multiple years for a 2010 PD right ?

So, in essence, I can get EAD/AP in few months , and then join Company A in a few years when I485 is approved, and visa numbers exist. 

[ There is no fraud here , Company A is just a flexible employer ]

[Orig4]

As far as I've understood, if you decide to get an EAD then you would have to start working with your sponsoring employer atleast for 6 months.

 

But if you do not get an EAD, then you can wait until the GC is approved to join the sponsor.

[jairichi]

I cannot predict that. But, your approach is correct.

[Orig4]

I cannot predict that. But, your approach is correct.

Hey Jairichi, I'm just trying to get an understanding here.. Your response was to OP's message below

 

"So, in essence, I can get EAD/AP in few months , and then join Company A in a few years when I485 is approved, and visa numbers exist."

 

I think OP was asking if he could get an EAD via sponsor company "A", but then not join "A" until the I485 is approved.

 

I always understood that the rule was one should work with the sponsoring employer soon after the EAD is obtained.. atleast for 6 months. Please clarify.

[jairichi]

Hey Jairichi, I'm just trying to get an understanding here.. Your response was to OP's message below

 

"So, in essence, I can get EAD/AP in few months , and then join Company A in a few years when I485 is approved, and visa numbers exist."

 

I think OP was asking if he could get an EAD via sponsor company "A", but then not join "A" until the I485 is approved.

 

I always understood that the rule was one should work with the sponsoring employer soon after the EAD is obtained.. atleast for 6 months. Please clarify.

The requirement to work with GC sponsoring employer is once I485 is approved as that is the basis for which GC was filed and granted.