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Can I apply for AOS [I485] from previous employer?

San Francisco, CA |

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 ?

Thanks

Attorney Answers 3


  1. Yes, if your new employer is willing to rehire at some point. However, if you do not want to work with the old employer, you cannot or you will committing fraud. You have no other options, go back with old employer

    Robert West


  2. I agree with my colleague. You should also consult with your old employer's immigration attorney and get a second opinion from another immigration attorney. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an immigration attorney. Mr. Lorenzon can be reached at 216 573 7322 or at jlorenzon@lorenzonlaw.com. All initial constulations are free.


  3. 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.

    This is only a preliminary response to an inquiry, based on incomplete information. Helpful advice and counsel can only be provided after you have discussed your case with Mr. Bach, he is familiar with all of the circumstances of your case, and the advice is provided in writing. Any opinion provided here should not be relied upon for any purpose. No attorney/client relationship is formed until you have formally retained our law firm to represent you. We are not responsible for any action or lack of action you take based on this preliminary response.

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