CP filing with approved i-140 with old employer

prosper28

New Member
Hello Rajiv,

I have couple of clarifications

I am eligible for applying for GC, however I am currently residing outside US.

I have an approved i-140 dated back in 2015 from my previous employer as AoS. I have not ported the i-140 to my current employer.

Can you clarify will I be able to apply for CP from aborad for my GC filing without changing my employer?

I have heard we can file i-485 with new employer as 485J suppliment, is there an similar option for CP?

Thank you
 

newacct

Well-Known Member
Can you clarify will I be able to apply for CP from aborad for my GC filing without changing my employer?
You can only immigrate on that I-140 if the employer that filed that I-140 for you is still offering to employ you. It doesn't matter if you're abroad or who you are currently working for.

I have heard we can file i-485 with new employer as 485J suppliment, is there an similar option for CP?
I don't think this is true. There is a provision that allows your I-140 to not be revoked if the petitioning employer is no longer offering to employ you, if your I-485 has been pending for more than 180 days, and you are working in a similar job (which the new employer can confirm with I-485 supplement J). I am not aware of any provision that allows you to file a new I-485 if the I-140 petitioner is no longer offering to employ you, without a new I-140 from a new employer offering to employ you.
 
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