There are a couple of thoughts going around as many people have multiple i140 approvals in their hand and their employer is not agreeing to file i-485 if the priority date is current in the date of the filing chart.
The main thing to understand here is that you can file i-485 without an employer but the USCIS cannot approve it without a valid and current offer of employment from a US employer.
This holds true for all employment-based green card queues like EB-1, EB-2, and EB-3.
Have Both EB2 and EB3 i-140 Approvals
- My EB-3 i140 is approved with employer A. i140 has not been revoked.
- My EB-2 i140 has been approved with employer B.
- My EB2 Priority date is current in the EB-3 Date of filing chart.
- Employer A is not ready to file i-485 since I am not working for them.
- Can I file i-485 myself to take advantage of the EB-3 final action chart?
i-485 is a personal application and many employers do charge you to file it too. In that sense, you can file i-485 yourself with your own personal attorney.
But you will still need a valid offer of employment from a US employer and preferably a 485J supplement to avoid any denials. Most attorneys will not advise you to file it without the current job offer and 485J as the chances of denial are very high.
Supplement J form is provided by an employer which tells USCIS that a valid job position still exists in the same or similar profession for which the initial PERM was approved.
You will need to carry the job offer letter with you to the i-485 employment-based Green card interview.
For other cases, please use this app to find out the answer to your situation:
Here is our app to help you decide if you should do the EB2 to EB3 downgrade or not. It is still new and will improve over time as we make changes continuously.
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