Going back to former employer and file 485

[Venkat2006]

I was working for an employer from 10/2007 to 03/2017 on H1B. They have filed for my I140 in EB3 with 07/2009 priority date. Then in 2012 ported to EB2 with 07/2009 priority date. Currently I am working for a different employer on H4EAD.

 

If I go back to employer who applied for my I140s:

 

1.can I file for employment based EAD under EB3 now as current EB3 date for filing is 10/01/09.

 

2. Do I have to wait for EB2 date only as my latest i140 is under EB2?

 

3. Or do I have to start the process all over from PERM?

[care_candidate]

Your I-140 is probably revoked. Contact your employer that filed this application. 

1. You cannot jump back and forth between EB-2 & EB-3. There is only 1 latest application category active at a time. If/when you change that, you need to start application from beginning.
2. Obviously.
3. Consult with attorney and old employer.

[Venkat2006]

When I checked online status of EB3 I140 that is approved in 2010, it shows approved. There is no information regarding revoking it. I can't yet reach my former employer.

1. On many forums, I have been reading that people file for EB1 and EB2 at same time. Also if I140 is approved from multiple employers, it seems possible to file for 485 using any of the approved I140s. They are suggesting that one person can have more than one I140 in different categories can be active at one time. Someone has posted similar question in this forum and one of the attorneys says it's legal to use EB3 that is approved before EB2. 

2. Some people are saying that to go from EB2 to EB3, it's not required to file LCA again, we can file for I140 under EB3. If I can't use EB3 that is approved in 2010, Is it an option to file for new I140 under EB3 without going for PERM processing again?

[care_candidate]

You can have multiple I-485 but that slows things down. You better contact an attorney.