Understanding EB2/EB3 upgrade after an acquisition:
Need help understanding EB2/EB3 mechanics after an acquisition:
- Original employer filed EB2, PD: 12/31/2014
- Later downgraded to EB3
- I-485 filed in Jan 2021 under EB3 and still pending
- EAD/AP issued
- Company was acquired
- New employer filed 485J to continue the same/similar job offer under portability after the acquisition
- No new PERM / I-140 yet from new employer yet
Goal: be fully prepared when PD becomes current.
Questions:
- Is a new EB2 I-140 really required if EB2 starts moving faster?
- Does pending 485J block filing EB2 I-140?
- Can USCIS approve I-485 with EB2 I-140 still pending, or must I-140 be approved first?
- Can EB3-based I-485 stay untouched unless transfer of basis is requested?
- Any downside if both EB2 and EB3 paths exist?
Looking for process/mechanics insight, not legal advice.