If country quota removed, am I eligible to apply for 485 with old employer's 140

USA H1B Visa
1

Hello Anil…

My 140 is with different employer ( Apr 2013 priority date), current employer not started my GC yet , They will start in 6 months, which means it may take 2 yrs to get my 140. In case if country quota removed, am I eligible to apply for 485 with old employer’s 140 ( as long he dint withdraw 140)?

Thanks

2

Hi @Checkonce

Your old Employer can file your i485 with old i140 if your date gets current.

For filing i485 with current employer, you will need the new employer’s i140.

3

Hi Anil,
A follow up question :

For employer A(old employer) to file I-485 : Do we need to go back & work with Employer A(Who holds I-140) in this case?
Should we be working in this country for employer A? (or) Can we be in India?
Please suggest.

Thank you

4

You can file i485 AOS if you are in USA and want to adjust status.

If you are outside US, you have to file green card with consular processing which is a little different process.

5

To file 485, We have to go back and work with old employer who is holding 140?

6

I485 can be filed only by Employer who sponsored your i140.