Lawbench will load in a few seconds

Continue to Lawbench
Loading…

Question

Case details. 2020, EB2 to EB3 downgrade, EB3 Downgrade I-140 pending, Due to emergency @ home, I got EAD/AP in June 2021, went to India, back in USA using the AP. No H1B visa stamped; I have H1B valid till Aug 2022. EAD/AP renewal process started. Now My EB2 dates become current, company suggestion is to interfile request to consider I-485 based on EB2 1-140. Still employed with EB2, not used EAD. 1. No new 485, just interfile request to USCIS, Is it good this way? or new I-485 for EB2 case? 2. I used the AP to enter the country last Sep2021. The AP is based on the EB2-EB3 conversion. If we go back to the EB2 line, will I be getting a new EAD/AP card? Will the current AP be abandoned? If so, is my entry using last AP will be an illegal entry? Since I don’t have VISA? 3. Worst case scenario, EAD/AP associated with EB3 downgrade I-485 gets rejected, what is my status? Currently I don’t have VISA, entered the country using AP. Will it become “stay beyond visa period”? 4. I am Mostly concerned with AP entry?. 5. Incase if we apply new I-485, Downgrade I-485 EAD/AP needs to be withdrawn, I used the AP will cause any problem in getting GC?.

User's Location: Seattle, Alabama, United States of America

Category: Employment-based Green Card