What are my options if priority date is current but current company doesn't plan to support immigration?

[Ajay Singh T]

Background:

1. I am in my 10th year of H1B, India EB2. I have an approved I140 with Employer A, which was acquired by Employer B after some time.

2. After a year, I left the company and joined Employer C . Now, the Priority date is current, but Employer C doesn't want to support Immigration due to budget reasons.

3. If I want to change to Employer D, then since the priority date is current,  they say I am not eligible for a three-year extension, which means no company can hire me. Even if I get hired, I only get a one-year extension due to AC21 rules. And looking at the current USCIS processing times, getting 485 stage in 1 year is impossible.

4. If I don't file 485 and am unable to maintain an H1B status, then I will be out of the status.

 

Questions:

X. What are my options?

Y. Since I have an approved I140 with Employer A,

    Y.a. Can I file 485 J directly with Employer A(if Employer A agreed to hire me on EAD) while I am employed under Employer C ? Or

    Y.b. Do I need to first transfer H1b to Employer B and then file 485 J with Employer A (since it was acquired by B)? Or

    Y.c. Do I need to file an I140 Amendment first(change Employer A to B) before filing that I485?

Z. What happens if my priority date is current over one year and I am unable to file 485 due to my uncontrollable situation?

M. Can I still be eligible to file 485 after some years while the priority date is continued to be current?

 

 

Edited September 1 by Ajay Singh T
Adding more details

[pontevecchio]

A is irrelevant and does not exist. B is the successor in Interest and has the ability to take over the Immigration responsibilities of A. Ask B whether you have the job for which the GC was filed with them or Not.

Consult a lawyer as to any possible steps.