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Company A file my GC (EB3) in May 2007 and I got EAD, curretly working on save EAD.
then
Company B convert EB3 to EB2 in 2012. Labor Approve and I-140 Approved in January 2013.
but now my Company B is started giving me hard time.
I will be greatefull, if any body can answer these question.
1. Is it safe to leave company B and start working on Company C.?
2. Is Company B revoked I-140, does it has any effect in my EB3 to eB2 Conversion.
I have heard different things from different attorneys...Quote:
Originally Posted by bloomingtontochicagpo
One attorney told me that if the company B revokes the EB2 140, the beneficiary will be in the streets and have to pack up if USCIS issues RFE or denies 485 (in your case since you are on EAD and there is no H1B to back up and the same holds true for anyone who maintains H1B and they are over their 6yr limit and extending based on the Eb2 140 from Company B. Not sure of the scenario if they had got the 7+ yr H1 ext based on the old EB3 140)
Other one told me that the beneficiary should be fine as the pending I-485 is more than 180 days old although it was interfiled with a newer Eb2 140 which was eventually revoked by the employer (not for fraud by USCIS) provided AC21 was done at some point of time (doesn't matter when - it could be after Company A or after company B)
On top of all - this is a true story happened to one of my colleagues - He got his EB3 I-140 approved in Company A, applied 485, moved to company B after 180 days, got Eb2 140 approved with company B and didn't even stay with them for 180 days after approval and switched to company C. Company B revoked his Eb2 140 and this guy didn't even had a copy of his 140 approvals neither from Company A or B, so with FOIA, he applied for the copy of his company A 140 which supposed to be an EB3 one but USCIS gave him the 140 with the old priority date retained and in EB2 category. He got his GC in 2011. Yes, he is really a LUCKY CHAP! Everything went well for him...
So I don't know what to say here - its purely luck and it is completely based on the IO reviewing your case.