Can I file I-485 without Employer Consent (EB2 to EB3 Myself?)

i-485 is a personal application but employment based EB category green card requires a valid job offer and Supplement J to file 485 AOS.

Am22tech
  By Am22tech    Updated  29 Sep, 20


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  • My EB-3 i140 is approved with employer A. i140 has not been revoked.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?

Our Suggestion

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.



Open App in new Window

Complete i485 green card documents list.




Author

Am22tech
  By Am22tech  

Recent discussion on forum

  1. Prathap_BN
    Prathap_BN

    I am sorry, this document is not clear.

    My situation is my I-140 is approved with previous employer. My GC process has not started with current employer. My previous employer doesnt have any job offer for me. How can I apply as if I intend to join them ? What exactly is Supplement J ?

    Are you just highlighting the scenario that even though I am with new employer, if my old employer still has a active role for me for the approved I-140, then I can apply I-485 ? If old employer doesnt intend to hire me, then its not possible right ?


  2. anil_am22
    anil_am22

    You cannot file 485 unless the Employer has a job for you since it is an employment based Green card.


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