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

Originally published at: Can I file I-485 without Employer Consent (EB2 to EB3 Myself?) - USA

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…

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 ?

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

Scenario-

Outside USA
US Employer A - has approved i 140.
US Employer B - has a new job offer for me, he plans to reactivate my h1b (no perm/i140 filed)

  1. Can I file i485 (myself) and supplement J (from employer B) without going through PERM and i140 with employer B?
  2. if the above is feasible - Should I do this through consular processing or get h1b and do consular processing or should I apply after coming to USA on h1b ?

PERM is based on the job location and the role. Changing employer needs a new PERM process and subsequent I140 from the new employer.

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Thanks for response Kalpesh, the role is same as that in original perm. Location is different.

Appreciate your effort on this article,

Can you clarify the following?

  1. This article says need a valid job offer from US employer to file 485 but it’s not saying it should be from the same employer ( or can it be from any current/future employer) who filed labor and I-140. Can this be clarified?

  2. If working in similar role/position but with different employer, can the candidate file I-485 using offer or required letters/Supplement J from current employer with help of private attorney ?

What is/are some good reasons to convey to employer when opting to file I-485(EB based petition) using personal attorney instead of employer’s hired attorney?

i485 is a personal application. They cannot force you to file with their attorney unless you are also filing i140 concurrently.

You yare free to file i485 with any attorney. You can even file it without telling the employer.