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bganguly

Reapply GC when i485 is pending

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I filed my i485 application in 3 rd Sep 2014(PD 9th March, 2009) in eb2 india catagory. Me and my spouse received EAD/AP on 8th Dec 2014, but still i am working on h1b which is valid upto 2017. My wife still in h4 . 

 Now my GC sponsored company has been acquired by another company(oracle inc). They are offering me senior manager position . My eb2 was filed as Principle Engineer. Since the job description in two position is different, they want to reapply my GC . 

It is a big opportunity for me and i know it will not come back soon if i reject it right-now. 

Can you please help me in this situation. My questions are

1. If I accept the promotion and they reapply my GC , what will happen to my current pending i 485? It will be valid or canceled as soon as they applied my new PERM?

2. PERM/i140 approval may take some time. If in the mean time my date get current(PD 9th march2009) what will be my option?

3. Is my wife's EAD will be still valid for work if I started the new GC process?

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1. It will not have any impact until you with draw it . New PERM will not impact it

2.  Depends on what you did in # 1, if you with draw your I-485, you will not get GC . You however retain your prior priority date of 9th March 2009, your new I-140 can use that and you can file I-485 as soon as  new I-140 is approved.  Or if  PERM is approved and dates are current you can file I-140/I-485 at the same time

3. No . If you with draw the I-485 you loose EAD and AP eligibility. 

 

 

Have you spoken to any other immigration lawyer ?  I guess if you are able to provide that the new job is same/similar to the current job , the new company can just file the successor of interest petition for the already approved I-140 and you can retain the I-485. This of course also depends on how the sale deal was structured between the old and new company

 

Also another thing to consider is your eligibility for  AC-21. to use that you have to wait for 180 days after I-485 is filed which is around first week of Mar 2015. Can this position wait till that period since it is all the same new company now ? If it  can wait till that time , you can just use AC-21 / EAD from that date assuming your current role / new role fit under same/similar occupation.

 

I would still think you would not have to start all over . Consult another immigration attorney.

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