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New employer cannot start GC process under EB2

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  • New employer cannot start GC process under EB2

    Hi all,

    I'm hoping that I can get an answer to my question here. I have an approved I-140 under EB2 category from my previous employer. Based on this, I was able to change jobs and new company filed for my H1B based on I-140 approved. However, the employer is now telling me that they cannot file for my GC under EB2 category as the job description of my new job qualifies for EB3 and since I already have EB2 I-140 approved it won't make sense to file for my GC. My manager is working on job leveling but is uncertain on by when will that actually take effect.

    I'm very nervous about this situation and want to understand what happens if my priority date for filing for EAD and I-485 becomes current before this new company has figured everything out and started my GC process with new company. How much of a risk is this?

    Thanks in advance for your help!

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