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My wife hasn't started GC with her "current" employer. Her "previous" employer is a small consulting firm. They had filed her perm and i140 in EB2 when she was working with them. Her priority date with them is 17th Oct, 2011.
We contacted her previous employer. They are ready to file i485 for her for that old 2011 role to help her. But, they don't have any immigration lawyers and are not sure if it is possible.
Questions:
1) Can an old employer apply i485 while my wife is no longer employed with them?
2) Can an old employer downgrade from eb2 to eb3 and apply for i485 at the same?
3) If yes, then, What is worst case scenario? Say, if we get RFE or Rejection, Can she go back to i140 approval stage and retain old priority date? Or Green Card process itself is denied or becomes questionable?
4) If RFE comes...can we withdraw our i485 application?
We contacted her previous employer. They are ready to file i485 for her for that old 2011 role to help her. But, they don't have any immigration lawyers and are not sure if it is possible.
Questions:
1) Can an old employer apply i485 while my wife is no longer employed with them?
2) Can an old employer downgrade from eb2 to eb3 and apply for i485 at the same?
3) If yes, then, What is worst case scenario? Say, if we get RFE or Rejection, Can she go back to i140 approval stage and retain old priority date? Or Green Card process itself is denied or becomes questionable?
4) If RFE comes...can we withdraw our i485 application?
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