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I-485 Application Cannot Be Filed Based on the New Employer's Job Offer

Hi William:

My EB2 employer sponsored I-140 application has been approved for years, but I cannot file I-485 application. Thereafter, I changed employer and no longer work for my Green Card sponsoring employer. Now, I see my EB2 priority date becomes current, can I file the I-485 application based on the new employer's job offer?


Many people often ask if the I-485 adjustment-of-status application can be filed through their new employers, after no longer working for their Green Card sponsoring employers. The answer is generally NO, to the surprise of many. 

The only exception to this is if the new employer has an appropriate legal connection to the original employment sponsor. This typically involves mergers and acquisitions, or other such corporate changes or buyouts. This is known as a successor-in-interest relationship. In most situations, the new employer has no connection to the prior employer, thus the I-485 cannot simply be filed based on the new employer's job offer. 


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