Can I file AOS I 485 with My Previous Employer's I 140?

[@nareshgolla]

You nailed it guys... Thank you Rahul and Emily.... Rapid fire round... Ton of questions self answered in a few minutes.... Awesome....

[@jithenshetty]

Thanks Rahul and Emily for updating the community with your valuable inputs!!!

[@pottigarivinodkumar1215]

Thanks Reddy garu & Neumann for your help to the community 🙏

[@pranayrajwade7537]

However, you will need to file together with the I-485 a copy of Supplement J that is signed by both you and the employer. The employer must attest that the job is still available and that they intend to give it to you, and you must attest that you intend to take it. In other words, if your past employer is no longer willing to employ you, you cannot use their I-140 for adjustment.

[@vishatgm]

Thanks Rahul and Emily. I have one question - I 'refiled' I140 and concurrent filled I485 pending less that 180 days with my old employer company-A in New Jersey, but currently working on H1B with company-B job location is Chicago, I'm thinking to change job and transfer my H1B to company-C but location is Texas, Does this job location change and H1B transfer to company-C will have any negative affect on my legal status and on my pending I140 and I485 given it is still pending less than 180 days? Thanks again.

[@ShivaniJaitly]

Can we file the I-485 with the previous employer if I am on 60 day grace period after loosing my job and don't have an H1b status yet? Really appreciate any help.

[@sreekundurthi404]

One question that was not asked/shown here: If an employee have Perm/I-140 approved with company A and moved to company B--Does the company B have to refile the perm and I-140 or can directly file the I-485 any any given special circumstances?

[@Alokkumarg]

Hello! Thanks for all the great content you put out there in this channel. I have a question related to this new transfer of underlying basis rule that USCIS rolled out some time back. My current employer had filed my GC application under EB3 by porting my old employer GC prioriy date of April 2015 which was originally in EB2. Am I eligible under this transfer of underlying basis rule to apply through my current employer for EOS using old employer EB2 (hoping my date will be current soon) without having to refile EB2 PERM/i-140 with current employer or that will be needed? Note: I do not have an option to go back to the old employer who originally filed under EB2. Appreciate the help!

[@swapniln6980]

Hello, i will be in same situation a couple of months from now with PD Nov2015. Did you get an answer to this question?

[@Alokkumarg]

@@swapniln6980 my company attorney says no :(

[@dhirajsir]

What if the employer does not want to file for 485 ? What are the ex- employee options ?

[@madhusudhanramakrishnan4561]

Why would a company file an I-485 if you have resigned from them.

[@sharanhot234]

For money 💰 if you are willing to pay them

[@veenitjain9792]

I485 is personal form nothing to do with the company. So you don't need any company to file for it.

[@riverside340]

I’ve PD of Jun 14 with Employer A. Working with Employer B who is yet to file perm. My employer A have hiring freeze until Q1 next year. Now that PD has retrogressed in Oct 22, can I apply I485 without supplement J as my PD won’t be current in next 6 months and USCIS isn’t going to adjudicate it? I can then submit 485J after 180 days from my current employer B or from Employer A(if they have the job open). Will they give AP/EAD? What if they deny I485 within 180 days? If they deny can employer B still use the same PD whenever it becomes current in years down the line?

[@RohitVarma1978]

Nice and funny questions. This whole immigration system is like a cobweb

[@newchaoz]

Thanks Rahul and Emily this is great I wish I saw it earlier. Do I need company A to file for me (EB2/EB3), or I can file myself in this case? Thanks

[@shanlogan8071]

Hi Chao, were you able to find an answer for this question?

[@newchaoz]

@@shanlogan8071 not yet. My understanding is that for EB2/EB3 or EB1B, you'd need an offer from an employer. This can be from A, B or C in the video. The most straightforward one would be C, but then you would need to do PERM with C, and hence the most time consuming. If, for some reason A or B is willing for file for you, even though you left them, you can speed up a bit. Another option to skip PERM, is of course NIW, but it is another story. Cheers.

[@shanlogan8071]

@chao zhong : thank you! I don’t know current employer would be interested to do that, Will check criteria for NIW. Thanks

[@simz_86]

I have an approved 1-140 with company A with PD October 21, Company B filed for new I-140 and it got approved as well. Is it possible at this juncture to recapture my old PD with company A in light of the current retrogression? Furthermore if its possible, what procedure do i follow?

[@Justintime-o5l]

i140 approved in 2008 with employer A. Joined employer B. PERM in progress with employer B. I want 485 filed but employer A does not want to file it. i140 is still active. What are my options?

[@rvshanker1]

@Justintime-o5l similar boat. do we have any option?

[@adk2505]

Once Green Card is issued thru 485 from Employer A, What If I don't join Employer A? Will this cause any issues during naturalization application?

[@mars1982mars]

Can I still request Company A to file I-485 even when I'm out of USA without a H1B status? Thanks for your help.

[@jabeenshaikh9438]

If the principal I-140 applicant country of birth is India (wait time to file AOS 12 years) but the beneficiary children are born in UAE can we proceed with the AOS for the children once the I-140 approval comes

[@haohao0627]

Thank you so much for making this video and cover those scenarios. I don't think my scenario was mentioned and this is my question: I have PERM and i-140 approved with company A, priority date is current. I'm now working at company B but they haven't started green card process. Can company C file i485 and i485j for me under the same job title and salary as original PERM, without having to restart PERM and i-140?

[@rvshanker1]

@haohao0627 did you find any options?

[@sandeepbodempudi2298]

Hi rahul and Emily, if company A filed i140 and it got approved ,after 180 days i moved to company B … than company A did withdrawal my i 140 after a year and current company B have not filed for my 140 will i still be eligible to extended my H1b after the 6years limit and also apply EAD FOR spouse

[@mustafak52]

I have been with the same company who filed my GC. I downgraded to eb3 and my I140 is approved and it’s more than 1 year since it’s pending. Recently I refilled a new application - 485+485j in eb2. It’s less than 180 days but looks like my company may be shutting down its doors. Can I use eb3 pending application to port to another company? What happens to my eb2 application since it’s less than 180 days? Also if yes, do I need to file 485j for eb3? Do you see how such a move can jeopardize the green card?

[@oceansunwind]

Can company B file I 140 from previous company A's approved Perm, is there any validity of Perm for refiling purpose? and can company B file I 140, and company C file I 485 from company B's approved I 140 B? in another words, can you file I 485 with previous company's I 140, but the new filing I 485 filing is from company C instead of previous company?

[@mohitdeopujari]

Can I downgrade my approved EB2 I140 from my old job to EB3 I140 even when I have left that old job?

[@ReddyNeumannPC]

Yes you can.

[@balasankar1001]

Hi Reddy garu, My friend have issue with Birth Certificate He has Birth certificate registered , DOB : 10-Feb , His 10th , Degree, Passport , Visa , SSN has 09-Feb. He also got 2 Affidavits - Notarized; 1 from father and another from his mama --> that he has born on 09-Feb, INDIAN Municipal officer says, they can't give Non-availability certificate nor change in date. What should he can do I-485 for submission?

[@chanshek77]

My PD is July 29 2013. EB2 I140 approved in 2014. Downgraded EB2 to EB3 in Nov 2020. EB3 I140, AP, EAD is pending approval. If I interfile EB3 to EB2, does it reset 180 days clock for both I140(EB2) and 485 or only 485? When Interfile is pending, is it ok to switch jobs If I file new 485(EB2), does it reset approved EB2 I140 180 days clock?

[@vj1824]

Hi Rahul, this is very informative. I have my I-140 approved from Employer A with PD Jan 2015. I moved to Employer B but PERM and I-140 is still pending. I reached out to Employer A to check if they can file for I-485 when my PD becomes current. Employer A wants me to work for them in order to file for I-485. I do not see any job openings with Employer A because of current job freeze in USA with Employer A. Can I file I-485 by myself using Employer A's I-140? Do I have to work for Employer A when I get I485 or I can still continue work with Employer B?

[@veenitjain9792]

any updates on this?

[@riverside340]

@@veenitjain9792 any idea on this?

[@riverside340]

Hey VJ - any idea on this.. what did you finally do?

[@veenitjain9792]

@@riverside340 No idea still. I have seen some folks have filled this way but don't know if they got ir or not.

[@veenitjain9792]

@@riverside340 technically we can do it. I had asked a lawyer during consultation, he confirmed. But i am not sure cuz other lawyers are saying that we need new i140.

[@TheAlbintube]

My original employer A who filed for my i140 got merged into the employer B who filed my i485. Can I do interfiling with the i140 from employer A?

[@sriv6600]

I have I-140 in EB2 with Company A and they are willing to file I-485. With Company B, I have PERM and I-140 both in EB3. I know you mentioned I can continue working for Company B even when I-485 is in process with Company A, after 180 days can Company B file I-485J supplement? Will I get EAD and can I use it working under Company B until I get my GC?

[@vinayall6866]

I have approved i-140 with employer A in EB3, I moved to employer B & PERM is still in progress. my PD is current now. If I move to employer A, can they file i-140 in EB2 again with i-485 using old approved PERM (for a different location) or PERM needs to filed again? Please advise. Thanks!. @Reddy & Neumann, P.C.

[@concordhouse1835]

Hello, thanks for the informative video and keeping us educated. I have a situation, I have I-485 filed with company A. received EAD/AP. I moved to company B, about 6 months back and they filed I-485J and got receipt too. my PD is June 2014, can Company B do Interfile ? if not how about company A

[@prems144]

Hello! I worked for "Company- A" for almost 5 years on OPT and H1B but never applied for perm and I 140. I joined "Company- B" and started working for them. I do not have an approved I 140 as of now with any company. Can "Company - A" file my labor, and I- 140 although I am the a current employee of "Company- B" which holds my H1B? Should I need to switch to "Company - A" when labor, wage is approved and about to file I - 140? In the mean while Company - B would also like to sponsor perm and I-140 but it takes a few months to start the process based on their protocol. I just have 3 more years of H-1 B, so rushing to get I-140 as soon as possible. Please advise. Thank you very much.

[@arthsanchay283]

Any company can file your Labor and I-140 working for that company at the time of filing is not required, only company should be willing to do so. Advising based on my experience.

[@1768317683]

Hello Sir . Can you tell me if I am eligible for to file 485. As my previous employer filed my GC under EB2.priority date is July 2014 and I have approved 140 , And that employer had shutdown the company location but has still open other location in different state . So, now my current employer I have filed my GC under EB3. And I have pending I-140 from my current employer

[@priyankarajoria5482]

My priority date is February 2014 with company A. My current company B has not started perm process yet, if my previous company (A) don't start 485 and it has been more than 1 year since my priority date became current, and I am still waiting for I140 from Company B then do I lose priority date?

[@riverside340]

Any idea on this… can you dm me?

[@veenitjain9792]

@@riverside340 Anything you found out?

[@doctorfirst4767]

Hello Rahul garu, I am with company B, my PD is Oct 2013, I have downgraded EB2 to EB3 in 2020, I got my EAD/AP. I am still working on H1b. I worked for company A and had approved EB2 I-140. Can I ask company A to file I-485 with company A and do I have to file EAD/AP again with company A, or can I just keep using the current EAD/AP. Please answer, Thank you.

[@ReddyNeumannPC]

If you are on H-1B you can still have company A file AOS for you.

[@balusfunworld3731]

I downgrade my petition to eb3 in October 2020 and my priority date is august 2014. I thinking to apply for inter filing to upgrade my petition to eb2. Do I have to wait for 180 days before changing company. I am holding offer, what are pros and cons in this scenario?

[@Crimemastergogola]

Yes you will have to wait 180 after interfiling to change jobs under AC21

[@rameshreddy74]

I have a previous perm and i140 approved with Jul 2014 PD. I Joined new company and my perm and i140 approved too. But the priority date is not ported due to typographic error. What are my options now. Should i refile my i140 or with the new company and file my 485 with new company.

[@ReddyNeumannPC]

You can file AOS with the new company - have your lawyer document that the porting was not done properly and file your aos.

[@YugeshKambham]

I am with same employer but moved to new location and company is filing PERM again. Can I file i485 with old location I140?

[@ReddyNeumannPC]

Yes you can.

[@2008Prashantha]

Can company B file? In most of the cases company A will not file since you already left

[@ReddyNeumannPC]

Sorry only company A can file your AOS.

[@veenitjain9792]

@@ReddyNeumannPC But AOS is personal document nothing to do with the company right? They only need 485J, which can be done later. Please throw some light on this one, Thanks.

[@arpras1234]

Thanks Rahul and Emily. I have a priority date of June 2010 with Company A. I am with Company B and stuck in long PERM certification process . Can I still file I485 with previous company ?(Considering its been greater than 365 days since my date has been current . ? I heard there is some restriction on H1B renewal in this scenario beyond 6 years)

[@techaztech2335]

Hey. What did you end up doing? Did you contact your previous employer ?

[@techaztech2335]

@@lalithavenkatasubramanian6396 that’s unfortunate, sorry to hear that. When was your PERM filed? Mine was filed March 2022 and my PD is Jan 2015, so I’m very nervous at the moment.

[@techaztech2335]

@@lalithavenkatasubramanian6396 wow!! Yeah that’s too close. I’m thinking based on current trends your perm certification could be somewhere around Jan 2023.

[@lalithavenkatasubramanian6396]

@@techaztech2335 Thanks. An update : My H1B is approved for an year now. So one burden off the list for us now. Waiting for PERM to be approved so that we can file for I140 and I485 with the current employer.

[@techaztech2335]

@@lalithavenkatasubramanian6396 That's good to know. Yeah, the waiting game continues.

[@singh23harry]

Hi , My previous Employer filled by GC Application and in I-140 was approved in 2010 and it was filed under Consular processing, I am in India and working with different employer, I recently got email from NVC with interview letter to attend Visa interview at US Consulate . My previous employer is no able to provide me offer letter . Query is that if I find any new employer who is going to give me employment in US then will this offer letter be accepted when I go for my Interview at US Consulate. Please advise as my interview is scheduled on 28 April ,2022

[@veenitjain9792]

Hey, did you attend the interview? Did you find a new employer? I am in similar situation but I have not paid the fees for to submit my my form. I guess you must have paid the fee some $375

[@veenitjain9792]

Any update on this?

[@RK-lr7rl]

Rahul Ji first of all we are so thankful to you about your contribution to EB community , really appreciate that . My situation: I have my labor in process with employer B and filling date is current with Employer A , would their be any impact on my current labor and GC process if I file i485 with old employer A to get EAD AP ? I just want to make sure my current process is not impacting including h1b extension..plz help.. thanks

[@ReddyNeumannPC]

Your current company Perm or H-1B will not be impacted if you file AOS, AP & EAD with company A. If you use EAD or AP it may impact your H-1B.

[@RK-lr7rl]

@@ReddyNeumannPC Rahul Ji one more Q if you could please help - I spoke to my old employer and they are ready to file my I485 based on old I140 which they are not sure if its revoked ..I was with my old employer for 5 years after my I140 approval (180 days rule-no issues) but what if they removed after 5 years they are checking with HR . Do you think I am good here or will it be new perm required with I140 ?

[@RK-lr7rl]

@@ReddyNeumannPC Hello Rahul Sir - My previous employer is ready to file my I485 based on old I140 approval . I need legal services to process that since they asked me to have my own lawyer. Do you think anyone from your team can help in processing further ? Appreciate your response in advance....Please let me know.

[@ReddyNeumannPC]

@@RK-lr7rl send email to us at [e-mail]

[@kesireddy8874]

I have applied for 485 in eb3 with current company B and is pending . Can company A with whom I have 140 approved In eb2 apply for 485 . Can we have two 485 with different companies?

[@ReddyNeumannPC]

Yes you can apply another AOS with company A - Yes you can have two AOS pending at the same time.

[@seshankvish9]

WHen you say you can apply i 485 with old employer you mean just i 485 or i 485 along with J supplement. Can you please clarify ? I have an approved i 140 with an old employer, Can i apply for i 485 without a J supplement and wait 180 days ( dates are current in Final action date) , what if my case is adjudicated before 180 days ?

[@ReddyNeumannPC]

No, you have to file I-485 along with I-485J.

[@veenitjain9792]

@@ReddyNeumannPC I believe filing both is not required. One can but not 'have to', please correct me is wrong?

[@SeaHorseIsFlying]

@@ReddyNeumannPC Hi Rahul, my question is many people said this second 485J after 180 days from a new employer will raise red flag of fraud that the applicant doesn't have a true intent to join the previous employer when filing with a 485J from them, is this a valid concern?

[@aceravi10]

This is Employment based Green card, if we file I-485 based on previous employer, then we can call it ex-employment based GC 😂

[@fighter639]

:D:D

[@avg5551]

After getting EAD through Company A, can i continue working with Company B on H1?

[@ReddyNeumannPC]

Yes you can.

[@viralshah6584]

Hello Rahul and Emily thanks for sharing this video and it is very informative. I have an I140 Approved in EB2 from Employer A with PD of November 2013. I had to move to Canada through Employer A as my H1B extension got delayed by more than 180 days and after moving to Canada in 2 weeks of time I got my H1B approved but could not travel back to US on that approved H1B. I am still in Canada working for Employer B and I am hoping that in next few months my PD will become current so can I file I485 on my own based on my approved I140 from employer A? Employer B has not started with with any of the process yet for me but they are willing to give me an offer of employment in the US as they have their offices in US as well. Can I file my I485 from Canada on my own using your Immigration firm or do I need to go to the employer A and have them file my I485? Do I really need to resign with Employer B and join employer A again for them to file my I485? I don’t want to go through the lengthy process of Perm approval and I140 filing with the new employer B . What would be your recommendation on my case?

[@nagendranagala4503]

Hi Viral Shah, could you please let me know if you got any update on this?

[@veenitjain9792]

Any updates on this one?

[@viralshah6584]

No updates on this yet! Still waiting for the response.

[@veenitjain9792]

@@viralshah6584 I m in similar situation.

[@veenitjain9792]

@@viralshah6584 Anything yet?