H1B and AOS different employers question

[trcdutt1]

I am currently on H1B over 6 years. I have an EB3 AOS pending since 2007 with Employer A. I changed employment in 2010 to employer B. Now employer B filed under EB2 and I-140 got approved a month ago with the old priority date(2007). I got an RFE asking to move my pending AOS from Employer A to Employer B. I am currently working for Employer - A also as part time H1B employee. Now Can I shift my full time employment from Employer B to Employer A and still keep the EB2. My question is whether I-140 is owned by Employer B even though it is approved a month ago. The priority date on the I-140 is 2007, so does it mean I can change to any employer with EB2 ? Experts please help.

[pontevecchio]

The operative question is whether AC21 provisions allow for you to be considered 6 months post AOS in EB2 or not. In view of the complex nature of your situation please schedule an appointment with a Lawyer soon. The question is whether you are allowed AC21 privileges for EB2 if the B company revokes the I-140 within 6 months. Help yourself. Spend the money.

[Belle]

Your EB2 I-140 belongs to B. The question is whether AC21 I-140 portability applies to this EB2 I-140. There is nothing in the law that says that a certain period of time needs to pass since the approval (or even filing) of I-140 for it to be portable, so it appears to be portable - but the law was originally written for cases when I-140 is filed with I-485 or earlier. I would second Pontevecchio and recommned a review by an experienced lawyer in this case because it is different from the standard application of the law.