EB3 to EB2 conversion thru different employer

[narraravi]

I am currently with a company A and working for a client B. I applied for my Green Card in EB3 category through company A (my current employer) and my I140 is approved and got my EAD too. My I485 is still pending (since 2007) and my priority date is August 2006.

Now client B is planning to hire me. But they want to re file my Green Card as they are not able to file AC21 (duties not matching). They are ready to do my porting from EB3 to EB2.

I have 3 questions about this.

1) If client B files H1B and new GC, then what will happen for my current EAD and I485 (which are with my company A) as I am not applying for my AC21 to Client B.

2) My wife is currently working as a full time employee using EAD. She got it based on my case thru company A. If I go to Client B and re file my GC then what will happen for her job and status?

3) I need to apply for our AP this year and need to extend my EAD next year. If I start working for Client B, can I still extend my AP and EAD that came thru company A.

Thanks in advance.

[pontevecchio]

1. The current one stands unless the I140 is revoked.

2. See 1. If the I140 EB3 is not revoked you will continue to be in AOS

3. Yes.

It all depends on the I140 from A not being revoked and usually it would not be

You realize that a forum can only help so far and for life altering decisions you HAVE to get a Lawyer and HAVE to spend some money since you 2 are in the firing line.