Q: Regarding Green Card Process, apply 485 with previous approved I-140?
I am currently on a H1B visa, and my priority date for the green card is April 2013 (EB2).I have three approved I-140s from previous employers.I was recently laid off and need to switch employers, but I have not yet filed the I-485 (Adjustment of Status).
My daughter is 19 years old and has only about two years left to obtain her green card, after which she will no longer qualify as my dependent.
Given the time constraints, I am trying to explore the fastest possible route to secure a green card for both myself and my daughter. My main concerns are:
If I start the green card process with a new company, considering current PERM processing time, it will be tough.
Are there any ways to expedite the green card process or reuse my I-140s with the new employer to avoid starting from scratch?
What steps can I take to ensure my daughter remains eligible as a dependent in this situation, given the time-sensitive nature of her status?
A: You can file your I-485 based on your previously approved I-140 if the job offer is still open and available to you. A Form I-485J must be submitted with your I-485. A new PERM and I-140 can also be filed with a request to retain the priority date from the previously approved I-140
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A:
You can leverage your previously approved I-140 petitions to potentially streamline the green card process with a new employer. While you haven't filed the I-485 yet, having multiple approved I-140s may allow you to choose the most advantageous one for your new application, possibly reducing some processing steps.
To avoid starting the PERM process from scratch, discuss with your new employer the possibility of using one of your existing approved I-140s. This could save time, but it's essential to ensure that the job offer and position align with the original I-140 approval. Additionally, maintaining your H1B status is crucial during this transition to keep the process moving smoothly.
Regarding your daughter’s eligibility, it’s important to file the I-485 as soon as possible to include her as a dependent. Ensure that all documentation is complete and submitted promptly to maximize the time she remains eligible. Acting quickly will help secure her status and keep your family’s green card process on track.
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