varun304

I am in similar situation. Have EB3 I-140 approved from May 2009 and later got EB2 I-140 approved with same employer but different job (in same field). I filed 485 back in 2015. Recently, received RFE from USCIS where USCIS is asking if I would like to adjust status based on my approved EB3 I-140 which is current already or would want to wait till EB2 becomes available / current. Question is has anybody else done this and have they seen approval on 485 based on this approach? My concern is that given EB3 petition was based on different job, if i say yes to USCIS, is there risk of 485 denial given job description differences between EB3 job and current job.

I have a 9 yr. old EB3 I-140 approved (Job A) with current employer. Over time i have changed positions with the same employer, and have another I-140 EB2 approved (Job B) but PD not current, but within 1 month. Have 485 pending already since 2015. USCIS sent me a notice asking if i would like to adjust status based on the third-preference petition, or wait until second-preference immigrant visa to become available for us. Should I use the old EB3 I-140 approved petition given that is for a completely different job vs. what i am in currently in, and i don't plan to switch back to the old position for which the EB3 I-140 was approved. Should i just wait few more months and adjust status based on EB2 I-140 that is approved and valid for current position?

@anandchakru Any update re your situation. I am in the same boat whereby I-94 expiring while AOS pending and have AP/EAD. Lawyer recommends to leave country and re-enter to maintain valid I-94.