Can I file I-485 on my previous employment?

[cala]

My case:
Jun 2001: I140 pending (Company A)
Jun 2001: I joined company B
Aug 2001: I140 with company A got approved
...Now: Still working in Company B waiting for LC

My questions:
1. While waiting for LC on company B. Is there any possibility I can take AC-21 to file I-485? I knew the I-140 for company A was still active, not revoked yet. I'm in California.
2. If yes on question, what's the procedure?
3. What do I need from my previous employer? Hopefully nothing...
3. Will my previous employer know about I will use my I-140 approval?
4. Is there any impact on my current green card application (i'm still in LC stage) if there is any problem with this I-485 (denied or something else...)

 

[pralay]

1. While waiting for LC on company B. Is there any possibility I can take AC-21 to file I-485? I knew the I-140 for company A was still active, not revoked yet. I'm in California.
2. If yes on question, what's the procedure?

You cannot use AC-21. AC-21 is applicable only if your I-485 is pending for 180 days or more.
However, if company A is still willing to re-employ you and you are willing to join company A, you can file your I-485 based on that agreement (on the basis of company A's approved I-140). In that case company A has to provide EVL or copy of offer letter stating that they will hire you upon I-485 approval.

3. What do I need from my previous employer? Hopefully nothing...

You need EVL or offer letter from company A (if you want to use company A's I-140).

3. Will my previous employer know about I will use my I-140 approval?

Off course, they will know. I-140 is employer's (company A) petition. It's NOT your petition (you are just a beneficiary). You cannot use that approved I-140 without company A's consent.

4. Is there any impact on my current green card application (i'm still in LC stage) if there is any problem with this I-485 (denied or something else...)

If you file I-485 with company A, there is no impact on your company B's LC or I-140 applications. However, if your I-485 is approved with company A, you cannot file I-485 with company B (or it will be denied if already filed).

 

[cala]

You cannot use AC-21. AC-21 is applicable only if your I-485 is pending for 180 days or more.
However, if company A is still willing to re-employ you and you are willing to join company A, you can file your I-485 based on that agreement (on the basis of company A's approved I-140). In that case company A has to provide EVL or copy of offer letter stating that they will hire you upon I-485 approval.



You need EVL or offer letter from company A (if you want to use company A's I-140).




Off course, they will know. I-140 is employer's (company A) petition. It's NOT your petition (you are just a beneficiary). You cannot use that approved I-140 without company A's consent.



If you file I-485 with company A, there is no impact on your company B's LC or I-140 applications. However, if your I-485 is approved with company A, you cannot file I-485 with company B (or it will be denied if already filed).

Do I have to work for company A if I got I-485 approved?

 

[pralay]

Do I have to work for company A if I got I-485 approved?

Yes. Otherwise your GC will be fraud. How long you have to work with them? People have diferent opinion about that. General thumb rule is 6 months.