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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 10-05-2021, 10:53 PM
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Join Date: Aug 2012
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gisharma is on a distinguished road
Default I140 Amendment denied, is my 485 and EAD on risk

hi Guys,

I joined my current employer in 2007 with 4 year degree plus 8 years of prior experience.
Got my I-140 approved in 2011 under EB-2.
In 2014 my company changed name from XYZ US to XYZ America.
I applied my 485, 765 and 131 in Nov 2020 as when the PD became current in Oct 2020 bulletin.
Also applied I-140 amendment in Nov for change in company name.

Got my EAD and 131 approved. 485 is still pending.

I-140 got denied stating not enough prior (5 yr) experience for EB-2 category.
Issue is: I graduated with 4 year degree course in 1999 but collected the degree cert in Dec 2002. Degree certificate clearly states that in English that I graduated in 1999.

My company attorney says we could file for MRT. Not sure what to do.

I am guessing 485 will need the 140 to be approved. and in absence of that / denied I-140, the 485 may be denied when they pick it up for processing. And thus 131 and EAD may also be revoked unless an MTR or a new I-140 is filed.

Is it safe to use and may be a better option for way out to use EAD via EC21.

Totally confused. Any inputs greatly appreciated.
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