EB2 question

[gareebbhartiye]

Hello All,

I am hoping someone can advice me on my situation.
I came to US in 2012. In 2016 my employer I was working with filed for GC under EB2 and I got I-140 approved with PD of Sep 2016. I changed my jobs in 2020, and my current employer have not yet transferred or applied for GC again. I am getting more than 6 years of Visa based upon, my approved I-140.

I wasn't worried about asking my employer earlier as the EB2 current dates were very behind. Lately they are moving very fast, and I think it may get to Sep 2016 in a year or two.

I have a couple of questions.
1. Does my current employer or any other employer need to apply for GC, or can I apply for GC on my own with external lawyer, once my PD becomes current?
2. What happens if my employer does not apply for GC or delays it and PD gets to 2016. Will I still be able to apply for GC?
3. I had contacted a lawyer in past, who said that I can apply for GC even if I am not staying in this country. He wasn't Indian, so probably he was not very aware of the GC process. From what I have read now, is , even though I can apply for GC on my own, the chances of getting the GC are very low, if it is applied on your own and you do not have a job offer tied to it?
4. How long it takes for me to get to I-485 stage when started? I have a rough idea, from last time, it took around 8 to 9 months? So, I have to get it started soon I suppose.


Thanks!

[newacct]

Technically, as long as the company is willing to offer to employ you after you immigrate, you can immigrate on their employment-based petition, even if you are not in the US and/or not currently working for that employer. If you are in the US, your company needs to fill out I-485 Supplement J to be filed with your I-485 to confirm that they still offer to employ you.

On the other hand, if the company is not offering to employ you, then you cannot immigrate on their petition (unless your I-485 has been pending for 180 days and you are working in a similar job, which doesn't apply to your case since I-485 has not been filed yet).