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abhi.reddy

Changed Employer while I485(EB3) downgrade pending and Previous employer got acquired

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Hello All,

I have approved EAD, AP, I140 (EB3 downgrade) with priority date of Sept 2013 with Employer X. I have changed the job to Employer Y in January 2022 who happened to be the parent company of Employer X at that time. Unfortunately the previous employer X for acquired by some other company recently. Since my PD is current with the June bulletin under EB2, I have requested my current employer to interfile along with I485J to port the pending I485. I have been told by current employer that 

1. They cannot interfile, since my previous employer got merged/acquired by some other company

2. They can file I485J and I can continue to extend the approved EAD/AP (EB3 downgrade)

3. I will have to wait for my PD to become current under EB3 or start the GC process all over again with new company under EB2 category(time consuming.

At, this time I am seeking a second opinion or guidance on what my employer has suggested? Could someone please let me know if I can still interfile although the previous employer has been acquired. 

Also, My spouse is secondary under my pending I485 application and my spouses PD is current under Eb2 category with June bulletin. Can my spouse file i485 with me being secondary.

Thank you for any help or guidance you all can provide. 

 

Thanks.

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