AC21 Can you interfile EB2 at new company using previous company's approved EB2 I-140?

[datageek123 0]

Changed companies under AC21 after 180 days of I-485 pending. Previous company A did EB2 to EB3 downgrade (new filing, not amendment) so have both approved EB2 I-140 and EB3 I-140. 

 

Now that EB2 dates are moving faster, new company B's immigration lawyer is saying that I need to refile EB2 I-140 from scratch with new company including prevailing wage determination, PERM, and I-140. Only when EB2 I-140 is approved with new company, can I leverage EB2 final action dates for interfiling. Stuck in this situation on whether to wait in EB3 (dates not moving), file a new EB2 with new company (can take 1.5 years plus), or go back to previous company which has EB2 I-140 approved already. Previous company A's lawyer is saying they disagree that a new EB2 I-140 needs to be filled with the new company. Getting two opposing consultations. Anyone in similar situation or know what does AC21 policies say? Is there a need to refile EB2 I-140 at new company or not necessary and interfiling can be done using previous company A's approved EB2 I-140?

[del1255 0]

On 1/15/2022 at 3:04 PM, datageek123 said:

Changed companies under AC21 after 180 days of I-485 pending. Previous company A did EB2 to EB3 downgrade (new filing, not amendment) so have both approved EB2 I-140 and EB3 I-140. 

 

Now that EB2 dates are moving faster, new company B's immigration lawyer is saying that I need to refile EB2 I-140 from scratch with new company including prevailing wage determination, PERM, and I-140. Only when EB2 I-140 is approved with new company, can I leverage EB2 final action dates for interfiling. Stuck in this situation on whether to wait in EB3 (dates not moving), file a new EB2 with new company (can take 1.5 years plus), or go back to previous company which has EB2 I-140 approved already. Previous company A's lawyer is saying they disagree that a new EB2 I-140 needs to be filled with the new company. Getting two opposing consultations. Anyone in similar situation or know what does AC21 policies say? Is there a need to refile EB2 I-140 at new company or not necessary and interfiling can be done using previous company A's approved EB2 I-140?