Filing for I 485 from a previous employer with approved I 140 (EB2)


I have an approved I 140 in EB2 category with a PD of Nov 2010 from a previous employer. My new employer started the PERM process and is currently in the recruiting phase. Can I go back to my previous employer and ask him to file for I 485? Or do I need to work for him for certain time before I do that. Also, can I file for I 485 myself ? Since it is a personal application.

Another issue is that my current I 797 expires on July 2023. If I don’t have approved PERM by July 2023, can I get another extension for H1B?

Venu Yenuga

Yes, if they still have the green card job and able to pay.

You don’t need to unless the employer wants you to. Green card job is a future employment.

You can’t as you need a bonafide job offer. Your employer will need to provide you with I-485J for you to be able to file AOS.

You may be eligible for 1 year extension if you can provide the reason of not being able to file AOS as your PD is current since some time now. It is at the discretion of the USCIS to grant such an extension.


Thanks for the responses, Kalpesh. I don’t see the exact job posted. But a similar post at the same location is available. Trying to reach out. But with a lot of turnover, there is a whole new regime and not getting many responses. But your responses help clarify the situation better for me

Hi Kalpesh,

Regarding using the I 485 J and Approved I 140 from previous employer, Can my current employer file AOS if my new job is 90% similar to the old one?

PERM/I-140 are employer specific petitions so your current employer will need file PERM and I-140 before they can file AOS.

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