Rehire on EAD question - EB3 to EB2 upgraded & EB3 I140 revoked


indra_saha

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Hi Gurus,

I worked for Company-A from Mar'2004 until Aug'2013 (total 9.5 yrs) and they filed my GC in EB3 in Apr'09. Later I moved to Company-B & redid GC to upgrade from EB3 to EB2 and retain the priority date. 

Subsequently Company-A revoked my earlier I140 in EB3 during Jan'2014 because I left them. I filed I485 in October'2015 in EB2 via Company B and received my EAD. Now Company-A wants to rehire me in a position that matches with Company-B's green card job description.

If I am rehired in Company-A using EAD and H-1B transfer (as backup) then can I continue my GC I485 process through them ? Provided that Company-A is willing to offer 'Letter of Employment' to USCIS when needed.

 

What challenges can I face in this option during final adjudication (interview or RFE) of my I485 since Company-A earlier revoked my I140 and I have around 6.5 years of experience not counting Company-A's experience [My Company-A total experience is 9.5 yrs] ?

 

Has anyone opted rehire to EB3 company in higher post after upgrading from EB3 to EB2 ?

 

Any help or comments is highly appreciated.

 

Thanks

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