I have an approved I-140 through Employer A for a Java Developer position. After leaving that company, I eventually was promoted into management by Employer B. Earlier this year, my I-140 through Employer B was approved for a managerial role. Last week, I was laid off by Employer B. If my priority date becomes current in October, and the job with Employer A is still available, could I file an I-485 based on the old I-140?


Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not currently working for that company, and/or that you have an approved I-140 for a managerial position through a different company, would not prevent you from adjusting status based on the old I-140.  (28.Jun.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.



Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.