EB3 to EB2 , change job when EB2 approved

[patilts]

Hi,

My previous company filed greencard in EB3, my I485 was also filed. Priority date(PD) Jan 2007. I obtained EAD/AP.

Switched job on EAD/AP, joined company B,

Company B processed GC through EB2, I140 approved with old PD maintained. Not sure if attorney did the interfiling.

Can I switch the job now on EAD and not disturb the process?

Can company B revoke I140?

Thanks in Advance,

TP

[Mr.A]

You can change job on EAD.

Yes, company B can revoke I-140 - but if your I-485 is upgraded to EB2, then you should be able to file for AC21 and be safe. What I heard is it's safe to file for AC21 after 180 days from filing 485. But in this case, I don't know if it has to be 180 days after interfiling is done (check on that).

Let's say if your 485 is not upgraded to EB2 (your new I-140) and if Comany B revokes yor EB2 I-140 - then you will fall back on EB3 application you had with Company A.

Piece of advise - call up USCIS and talk to 2nd level IO (immigration officer) and find out if your I-485 has been upgraded to EB2. It would ideal to get something in writing, so send them a letter asking for status of interfiling and supporting documents (485 receipt, new I-140 approval if you have it, and new labor application if you have it). Ask them to interfile your application if not already done. Other thing you can do is, take InfoPass appointment in your local USCIS office and check on the interfiling status - it would be great if you can get something in writing / printout.

Filing for AC21 is your choice - its recommended but not required.

I am in same boat and just had conversation with immigration lawyer 2 days back - so you can rely on this information, but find out 180 days after interfiling is done or not question (please update your finding on this forum as well - I would be interested to know).

Good Luck and hopefully our GC journey will come to an end pretty soon - cheers!!

[patilts]

Thank you for your response. I had already called USCIS to check interfiling. According to my previous company attorney (companyA), as they have migrated old priority date on new I140, interfling must be done. I called USCIS to check on this. IO didn't tell me the answer but asked me to send email inquiry. After @ 2 weeks, USCIS responded my email with a case # and advised I will get response within 30 days of this notice. Its past 45 days now, I sent reminder request after 30 days of their initial response. Now waiting for their response.

I am planning to take attorney appontment to to verify my decision to change employment once I know the interfiling status. I will post the update.

[Belle]

Take an InfoPass. Do not ask about "interfiling". Tell them you have two I-140s and you would like to find out which one is being used as a basis for your I-485.

[patilts]

I did get infopass and talked to the agent yesterday. I asked the same questions as indicated by Belle above, " I have two approved I140, I am here to find out which one is being used for my I485" her first answer was "I don't know"....I asked whom should I ask for this confirmation? She said wait a minute and called someone internally to discuss. Finally she said both I140s are in the sytem and they should use your latest I140 ( EB2) while processing. but she can not guarantee. She asked me to watch the dates and when dates become current, call USCIS and ask them to process my case. So visit was of much help.

[kmvk]

Mine is the exact same scenario. I had received this email from USCIS when I enquired about status.

Your Form I-485, Application to Register Permanent Residence or to Adjust Status, is currently pending. There are currently no visas available to process your Form I-485. A search of USCIS records indicates the principal applicant's Form I-140, Immigrant Petition for Alien Worker, was approved as 2nd preference

I think this means that they are using my status as EB2. If I change to a different company after 180 days of Eb2 140, can I use AC21 and maintain EB2 status?

[patilts]

If you are working on EAD and 180 days passed after filing I485, I think you can change employer. Fling AC21 is optional but recommended to avoid complications. We have to keep EAD valid by applying renewal within 3 months of expiry. You can verify this with your immigration lawyer before you change employment.