I have an approved PERM and an approved I-140 from my old employer
and my priority date has become current. [My home country is India and category is EB2]
I am presently holding H1B with another employer.
My old employer's lawyer has asked if I want to start my AOS I-485 now that my Priority Date is current.
So can I do my AOS with the old employer even though I have changed employers (job) since I got my I-140 with them?
If yes, how is this done ?
My new employer is not doing green cards anymore so starting the whole
process from scratch with them can't be done. And since my old employer hasn't
cancelled the previous I-140, can I continue the process with their lawyer?
What are my options in case I don't wish to work with the old employer ?
Both you and the old employer must have a good faith intent to resume the employment indefinitely (and not just to get your green card). That intent may be determined by circumstantial evidence. For example, if you returned to the employment now, and then quit as soon as you received your green card, the USCIS might conclude that the employment was not in good faith.
Get free answers from experienced attorneys.
23,712 answers this week
2,579 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary