applying for I-485 based on approved I-140 with previous employer

Y

yvikas

New Member
Hello,

I got my labor and I-140 approved from employer A. Then i had to leave the job as contract got over. I couldn't file for I-485 before the contract got over. Now i am working for employer B. Can i apply for I-485 with the employer B. I wanted to find out if any of you have done the same or gone through the same process or heard someone doing the same.

Thanks
Vikas
 
chains2 said:
I have the same case as yours...please see the following link.
-------- your case is safe as your I-140 was approved when you were with the employer who filed I-140. The poster got I-140 approved when he left the employer and now want to file I-485 with out past employer letter. he can file I-485 and if it is pending more than 180 days he can use AC21. but if the USCIS digs for his intent at the time of I-485 filing then only they may create problem. The Intent issue is not diged in past as Intent is just state of mind at particular time and it is very difficult to prove if he had the Intent or did not had the Intent to join the employer who filed I-140. if USCIS challange for Intent it is very difficult to prove in court that he did not have Intent. many have filed I-485 in same way and I know 3-4 cases that were approved with AC21 after interview at local USCIS.
QUOTE]
Click to expand...
 
Thanks all of you for your replies. I am trying to understand the options available to me. I am in consulatation with the lawyer wth present employer and he is suggesting we should go ahead and apply for I-485. He is also suggesting that we apply for fresh green card too just in case 485 is denied.
I shall look into all the links provided.

From what i understand from all of your replies is that one can apply for 485 but if USCIS asks for letter then i might be in problem, but if 180 days go by then i can use AC21.

By the way what is RFE? can someone please let me know what it is and when is it sent by USCIS.

Thanks
vikas
 
You must log in or register to reply here.
Top