When Should I file I-485 Application? Do I Need My Employer to File It for Me?

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Hi William:

My I-140 application has been approved recently. Thank you very much for your help. When should I file the I-485 application? and do I need my employer to file the I-485 application for me?

Answer:

Once USCIS approves the I-140 visa petition and the your priority date has become current - applicable in cases where annual demand for the type of green card exceeds supply, the you can file the I-485 Green Card application to USCIS. This is the only part of the process that requires you to file an application on your behalf, and the employer cannot file the I-485 for you.

Here we are assuming that the alien worker is already in the U.S. on a temporary visa, as is common in most cases, If not, the approval of the I-140 will trigger the National Visa Center to send the file to the appropriate U.S. consulate for further processing.

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