Filing I-485 based on Approved I-140

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prq20

Registered Users (C)
One of my friend has an approved I-140 petition from Company A and was waiting for the priority date to become current to file I-485. Meanwhile, he finished his project with Company A and due to non availability of subsequent project, he transfered H-1 to Company B with a promise from Company A that he will come back to A, when the situation is suitable and Company promised not to revoke his I-140.

As the priority dates have become current for India, he can file I-485.

Question:

Can he file I-485 without Company A's notice (he has a copy of I-140 approval notice).

Does he need to be company A's employee during I-485 processing or approval?

Any suggestions or issues?

I assume he has to join Company A right after his GC approval.
 
prq20 said:
One of my friend has an approved I-140 petition from Company A and was waiting for the priority date to become current to file I-485. Meanwhile, he finished his project with Company A and due to non availability of subsequent project, he transfered H-1 to Company B with a promise from Company A that he will come back to A, when the situation is suitable and Company promised not to revoke his I-140.

As the priority dates have become current for India, he can file I-485.

Question:

Can he file I-485 without Company A's notice (he has a copy of I-140 approval notice).
---he needs job offer letter from A. if A is not goiving the letter let him take the risk of filing I-485 without the letter. if pending I-485 hits 180 days then he can invoke AC21 when USCIS send RFE ( I hope USCIS is going to take more than 6 months to approve I-485)
Does he need to be company A's employee during I-485 processing or approval?
----------------NO, GC is for future job
Any suggestions or issues?

I assume he has to join Company A right after his GC approval.
------------YES if A goves job offer letter and I-485 approved on the base of A letter. if I-485 pending hits 180 days he can provide B job offer letter and can invoke AC21 and need to work with B after I-485 approval
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