I-140 got approved with ex-employer. Still elligible for filing I-485???

M

mangesh

New Member
Hi,
I changed my employer after filing I-140 with them. Now I am with my new company, however my I-140 (with previous employer) got approved with Priority Date current. Can I file for I-485 and how?
 
No Title

If your old employer agrees, you can apply through him. They should issue you a future offer letter. After applying, and after 6 moths, you dont have to join them.
 
You will need to prove to INS\' satisfaction that you intend to rejoin

Nobody is certain that AC21 would apply under these circumstances. It might, but it might not, so I wouldn\'t count on it. As long as you have the intent to rejoin and the company intends to rehire you permanently on approval you can continue.

Otherwise you will need to start over with a new LC.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
732-644-5702
 
No Title

Hi Jim,

I\'m in the same situation as Mangesh.The company whose I-140\'s approved sent me a letter of employment citing the position still exists. 485 has been filed and I was wondering if I would need to notify INS when I move back to sponsoring company and use the EAD that has been applied.

thanks much for your input.
 
INS has said that a person "should" notify INS of the change

That wouldn\'t mean that the person "must" notify INS unless INS did not express itself accurately, but with INS anything is possible.

Jim
 
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