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Lalithav2021

New employer, PERM and current - never filed for 485 - EB2

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Hi,

My husband is on H1B. His priority date is Aug 31, 2010 EB2 from India. I-140 is approved back in 2011 with the previous employer and the employer is a permanent employer. He is not with that employer now and they are NOT willing to take him. Now the new employer has filed the PWD and the Recruitment process is going on. After which they will apply for PERM and then the I-140. Our worry is will the dates retrosgate when the PERM gets approved. Should we do something else like filling 485-J or interfiling now as the dates are current now.

Note: We have not changed employment after 2018 and went back to India and came back with the new employer who is filing the GC fresh now. No downgrading nor we had a chance to apply for 485 in the past. 

Kindly advice. 

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