I- 485 filing based on Oct 2015 Visa Bulletin

[knowmevisa]

Hi All,
I have approved I-140 with Employer X, my PD is April 10, 2011
after 6 years of H1B, I was denied H1B renewal extension
I came back to India, after 2 years I am trying to come back to USA with Employer Y,
based on my approved I-140 that belongs to Employer X
if I come back to USA, would I be eligible to file I-485 based on Oct, 2015 visa bulletin
or I should wait until new employer applies I-140 and it is approved ?
Please let me know the answer if anybody have any idea on it, thank you

[shervin143]

Nope. You can't. I-485 need to filed by the employer who filed your I-140. If that I-140 is still valid and if the previous sponsor is still interested in proceeding with I-485, then they can file it for you. The new employer need to start the GC process all over again. Your only benefit is that you can retain the priority date from your previous I-140.

[knowmevisa]

Nope. You can't. I-485 need to filed by the employer who filed your I-140. If that I-140 is still valid and if the previous sponsor is still interested in proceeding with I-485, then they can file it for you. The new employer need to start the GC process all over again. Your only benefit is that you can retain the priority date from your previous I-140.

Thank you.