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Question

Hi, I am sure questions like this might be asked many times, but mine seems to bit different. PD: Dec 7, 2012 1. EB2 approved with EmpA 2. EmpB acquires EmpA 3. Dates became current in June 2021, filed AoS concurrent 140 (EB3) and 485 with EmpB 4. EB3 dates retrogressed (no more current for final or application) and EB2 is current :'( 5. Requested EmpB to file 485-J, 485 is pending 6 months, 140 (EB) is not yet approved. 6. EmpB says that since 140 (EB2) was with EmpA, they need to file 140 (EB2) for EmpB before they can file 485-J and are now doing that. This is the statement from Employer B >An I-140 will need to be filed to change your employing entity from EmpA to EmpB and request EB-2 status. and this is from the Lawyers >EmpB would need to be a true successor-in-interest to EmpA for us to file an interfiling for you. The I-485 Supplement J is used for interfiling, but it is also used for the purpose of porting a green card case to another employer. However, it cannot be used for both purposes at the same time. My thoughts are since it's 485 AoS is pending over 6 months and makes it portable to use 140 (eb2) from EmpA Please advise if the Lawyers are correct?

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

Category: Employment-based Green Card