I485/I140 Concurrent filing and potential Withdrawal impacts on EAD/Derivative

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My wife had her GC filed through her old employer. She did a EB2 to EB3 downport (I140) and AOS parallelly in October 2020. We both received EAD/AP as a result of that in October 2021.

However the I140 filed for EB3 to Eb2 was pending for a long time and finally got approved 6/25/2022. Mean while my wife changed her employer on June 2021.


New employer said they will file 485J once they the I140 from old employer is approved. Now the old employer is planning to withdraw I140 petition.

If they withdraw I140 petition: 1) Will it auto-withdraw the pending 485 petition as well. 2) Will we loose our EAD/AP along with I140 and 485 withdrawal?

Whats the best of course of action here - a) Going back to old employer and do an interfiling to EB3 to EB2 (our dates are current in Eb2) b) Loose EAD, 485 -> start GC fresh.


Edited by Partha_Gopalan
Missed typing in few content
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