Originally Posted by
gc_dedo
Guys, requesting for some suggestions here. Of course, I will consult with attorney also, but if you can share your knowledge, that will be great. My scenario is:
Employer A had filed I-140 in EB2-I category (PD - Feb 2011). Changed employer in mid 2019, new employer B initiated GC, currently PERM is pending. Expecting to hear something by March, but who knows, might end up in audit queue also. Anyway, new PERM is in EB3 category. When FD moved recently, I requested my previous employer A, to help me with I-485. They provided necessary documentation and I applied for I-485, EAD and AP. I told employer A, that I would join them once I get my EAD, as they don't want to do H1B transfer again. I certainly have intention to join them, once I get my EAD.
My questions are:
1. How will AC21 apply in this case?
2. How quickly should I join previous employer A?
3. How should I go about my ongoing GC process with employer B? Should I continue with I-140, once PERM is approved? What about filing I-485 with the new employer B, assuming FD are accepted again in future and FAD is still not current for me?
4. Once I join employer A on EAD, can I downgrade to EB3 with them or employer B, if EB3 dates are way more favorable?