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CAN AN EMPLOYER FILE I-485 WHEN AN EMPLOYEE IS NOT ON THEIR PAYROLL

All_is_well

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All_is_well

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Can an employer file I-485 when an employee is not on their payroll.  I got my I-140 approved with employer-A but I moved to company-B and company-B is not filed or willing to start my GC process.  Will/Can my employer-A be able to file my I-485 when my date becomes current while I'm not on their payroll?  What is the best thing to do?  Going back to my old employer-A before my date becomes current?  Please Advise! 

 

pontevecchio     12

pontevecchio

You file the AOS when the PD is current. In this case why would A want you back?

 

sunkari00     0

sunkari00
   ON 7/20/2018 AT 2:48 PM, PONTEVECCHIO SAID: 

You file the AOS when the PD is current. In this case why would A want you back?

Thanks a lot for your response.  I don't actually know. I was under the assumption. I should on the payroll of the Employer-A when I filing I-485.  Can I be working for Emp-C and still file AOS with my old employer? 

 

pontevecchio     12

pontevecchio

Once your AOS has been pending 6 months, you can change employers.

What is your PD?

Edited July 22, 2018 by pontevecchio
 

sunkari00     0

sunkari00
   ON 7/22/2018 AT 3:54 PM, PONTEVECCHIO SAID: 

Once your AOS has been pending 6 months, you can change employers.

What is your PD?

Sorry just to be clear. When you say AOS, you are talking about filing I-485?  I haven't filed my I-485 yet.  My PD is May 2011.  I'm with Employer-B where they haven't started my GC yet.  Whereas my I-140 with Employer-A

 

satya2k1     0

satya2k1

when your date is current, you have to file I-485 including Supplement J, which is employment verification form needs to be signed by the petioning employer in your case, it is Employer A,  because your I-140 was approved with Employer A.  If your employer A signs I-485 supplement J form, then you should be good to apply for I-485 even though you are not with Employer A.  As you know, GC is for future employment. 

But, if you are not on Employer A's payroll and not getting pay, and you submit supplement J with Employer A's signature, then a red flag will raise and you will get RFE.

 

sunkari00     0

sunkari00
   ON 7/26/2018 AT 10:55 AM,  SATYA2K1SAID: 

when your date is current, you have to file I-485 including Supplement J, which is employment verification form needs to be signed by the petioning employer in your case, it is Employer A,  because your I-140 was approved with Employer A.  If your employer A signs I-485 supplement J form, then you should be good to apply for I-485 even though you are not with Employer A.  As you know, GC is for future employment. 

But, if you are not on Employer A's payroll and not getting pay, and you submit supplement J with Employer A's signature, then a red flag will raise and you will get RFE.

Thank you very much @SATYA2k1 for the valuable information. Wondering,  How easy/tough to respond to the RFEs in general cases like mine. What type of questions would be expected in the RFE if we are filing I-485 Supplement J form?

My goal is to go back to Employer-A before my date gets current. so I can avoid unwanted RFEs. 

 

satya2k1     0

satya2k1
   ON 7/29/2018 AT 11:06 AM, SUNKARI00 SAID: 

Thank you very much @SATYA2k1 for the valuable information. Wondering,  How easy/tough to respond to the RFEs in general cases like mine. What type of questions would be expected in the RFE if we are filing I-485 Supplement J form?

My goal is to go back to Employer-A before my date gets current. so I can avoid unwanted RFEs. 

I am not sure what type of questions will be asked in RFE, but it does raise because you are in USA and working for other employer and your original employer might get an RFE asking if the job offered is still valid and available to the applicant.

To avoid any unnecessary headaches, it is advisable to work for original petitioner employer.  After you get your GC you are free bird. :) Good luck.

 

http://forum.murthy.com/topic/118186-can-an-employer-file-i-485-when-an-employee-is-not-on-their-payroll/

  • Upvote 1
salim Hero

salim

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Posted

RFE 

You file the AOS when the PD is current. In this case why would A want you back?

 
MSRMH Jr Artist

MSRMH

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I checked the same thing with the reddy neumannn guy ,  on free conference call. He said you can file I-485 when  it is current with emp A.  he suggested the good intent would be on employer A pay roll and file I-485 , to avoid any RFE's

chingchang Hero

chingchang

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1 hour ago, All_is_well said:

Can an employer file I-485 when an employee is not on their payroll.  I got my I-140 approved with employer-A but I moved to company-B and company-B is not filed or willing to start my GC process.  Will/Can my employer-A be able to file my I-485 when my date becomes current while I'm not on their payroll?  What is the best thing to do?  Going back to my old employer-A before my date becomes current?  Please Advise! 

 

 

pontevecchio     12

pontevecchio

You file the AOS when the PD is current. In this case why would A want you back?

 

 

sunkari00     0

sunkari00
   ON 7/20/2018 AT 2:48 PM, PONTEVECCHIO SAID: 

You file the AOS when the PD is current. In this case why would A want you back?

Thanks a lot for your response.  I don't actually know. I was under the assumption. I should on the payroll of the Employer-A when I filing I-485.  Can I be working for Emp-C and still file AOS with my old employer? 

 

 

pontevecchio     12

pontevecchio

Once your AOS has been pending 6 months, you can change employers.

What is your PD?

Edited July 22, 2018 by pontevecchio
 

 

sunkari00     0

sunkari00
   ON 7/22/2018 AT 3:54 PM, PONTEVECCHIO SAID: 

Once your AOS has been pending 6 months, you can change employers.

What is your PD?

Sorry just to be clear. When you say AOS, you are talking about filing I-485?  I haven't filed my I-485 yet.  My PD is May 2011.  I'm with Employer-B where they haven't started my GC yet.  Whereas my I-140 with Employer-A

 

 

satya2k1     0

satya2k1

when your date is current, you have to file I-485 including Supplement J, which is employment verification form needs to be signed by the petioning employer in your case, it is Employer A,  because your I-140 was approved with Employer A.  If your employer A signs I-485 supplement J form, then you should be good to apply for I-485 even though you are not with Employer A.  As you know, GC is for future employment. 

But, if you are not on Employer A's payroll and not getting pay, and you submit supplement J with Employer A's signature, then a red flag will raise and you will get RFE.

 

 

sunkari00     0

sunkari00
   ON 7/26/2018 AT 10:55 AM,  SATYA2K1SAID: 

when your date is current, you have to file I-485 including Supplement J, which is employment verification form needs to be signed by the petioning employer in your case, it is Employer A,  because your I-140 was approved with Employer A.  If your employer A signs I-485 supplement J form, then you should be good to apply for I-485 even though you are not with Employer A.  As you know, GC is for future employment. 

But, if you are not on Employer A's payroll and not getting pay, and you submit supplement J with Employer A's signature, then a red flag will raise and you will get RFE.

Thank you very much @SATYA2k1 for the valuable information. Wondering,  How easy/tough to respond to the RFEs in general cases like mine. What type of questions would be expected in the RFE if we are filing I-485 Supplement J form?

My goal is to go back to Employer-A before my date gets current. so I can avoid unwanted RFEs. 

 

 

satya2k1     0

satya2k1
   ON 7/29/2018 AT 11:06 AM, SUNKARI00 SAID: 

Thank you very much @SATYA2k1 for the valuable information. Wondering,  How easy/tough to respond to the RFEs in general cases like mine. What type of questions would be expected in the RFE if we are filing I-485 Supplement J form?

My goal is to go back to Employer-A before my date gets current. so I can avoid unwanted RFEs. 

I am not sure what type of questions will be asked in RFE, but it does raise because you are in USA and working for other employer and your original employer might get an RFE asking if the job offered is still valid and available to the applicant.

To avoid any unnecessary headaches, it is advisable to work for original petitioner employer.  After you get your GC you are free bird. :) Good luck.

 

http://forum.murthy.com/topic/118186-can-an-employer-file-i-485-when-an-employee-is-not-on-their-payroll/

Not mandatory but its better to be on Employers payroll .. RFE chances untay if not on his payroll 

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