EB3 Filing date current but job change

[cooldude735]

My priority date of Nov 2009 EB3. And based on the filing date, I am eligible to apply for AOS.

However, my job title  (5% matching the old one) has changed in the same company and the responsibilities. I am wondering how to apply for AOS without applying for labor and I140 again. 

I am ready to go back to the old role and my manager has mentioned that there are no openings for now. And a possibility in the next year, can i still apply for I-485 showing that a future job will be available with the similar responsibilities as applied for the labor. Will this work? Any suggestions?

[care_candidate]

There are specific ways to identify if your old/new job are same or similar. Find out what your SOC code (soc 2018 manual). From what you are saying 5% match, it doesn't look like they are any similar. Even though you are in same company, the thing to matter is the difference between old and new duties. Once you leave EB3 job, that application status is lost. You will have to start from scratch and recapture the same PD. If you are ok to move to old position, what was the reason for changing?

However, if there is any way to find key similarities your old and new jobs and use same SOC code for old and new job, you may have a shot. Please understand that SOC code only matters when you apply I-485 with one job and then change to another job and want to apply with new position. In your case use SOC as your guideline and try to find similarities as listed in your PERM application.

With I-485, your employer has to file I-485J no matter what. That's where SOC code comes into consideration.