My I-140 is approved and my priority date is current. Can I file for adjustment of status on my own, or do I need to go through my employer?

Answer

To file for AOS, there must still be a valid offer of employment from the I-140 sponsor (and normally an updated offer of employment letter to submit with the I-485.) In most circumstances, if the I-140 position is not still available, the I-485 cannot be filed. But, if the position is available, it generally is possible to use the attorney of one’s choice to file the I-485. (23.Jan.2017)

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