usage of eb3 from previous employer for filing 485

[unitedstates]

Hi

Here is my situation:

Employer1 applied in I-140 in EB3 during 2009 - I have Dec 2009 as priority date and I got it approved. Later, I changed employer and ported the date and got my I-140 approval in EB2. Now, I predict that Eb3 dates may move in the coming months. If Eb3 moves till Dec 2009, can I use the EB3 I-140 approved petition from employer1 to file my adjustment of status though I am currently working for employer2?  I appreciate your response in this topic.

 

 

Thanks

kumar

[care_candidate]

No. You are EB-2 now, so cannot go back to EB-3

[pontevecchio]

Yes. You can. PD retention of a previously approved I-140 has always been allowed by the statute.

[unitedstates]

Hi Pontevecchio,

thanks for the reply. My question was not about PD retention. It is about usage of EB3 I-140 for applying to I-485. Can I use my previous EB3 I-140 to apply I-485 though I am not working for previous employer now. please clarify.

[pontevecchio]

Only if you intend to join the first employer and that job is available to you and the PD is current.. 

[unitedstates]

Thank you