| Q. |
Does one required to work in the same employer to apply I485
Joined Company ABC in 2004,and worked till May 2007.Company ABC applied Labor on July 2006.under EB2 catagory.We applied I140 on Apr 2007 with NSC and still pending as of Sep 2008.
On May 2007 i joined Company XYZ by taking LC SUB PD 2003 EB3 and applied I140 in TSC which has approved in Mar 2008.We did not apply I485 due to company policy. No 485.
Now the dates for EB2 has moved i am eligible to apply I485, but i am not working with company ABC now.
1. What are my options? working in Company XYZ is better option or moving to Company ABC would be the better option for me.
2. Can i apply I485 on my own based on Company ABC's Pending I140, and later join Company ABC.
3. Does one required to be in the working company to apply I485? or can he be in different company?
User's Location:
India
Category:
Employment-based Green Card
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| A. |
Thanks for your question. It is generally better to choose the option which has an I-140 approved than one which has I-140 pending. Even though I-140 does not guarantee that your 485 will be approved, it is one less approval to worry about.
Working for a company is not a requirement to file I-485 and you do not have to be working for the sponsoring company while the I-485 is pending. However, the sponsoring company must be willing and able to hire you once your I-485 is approved.
I-485 is "your" petition meaning that although some employers file I-485 on behalf of their employees, some employees file it on their behalf. You do not need company's permission to file I-485.
Please let me know if you have any follow-up questions or need any help in preparing and filing your I-485.
Best regards. |
| |
Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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