AC21 portability & EB2 to EB3 downgrade


SamSRao

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Hello,

Both my PERM and I-140 (under EB2-India) petitions were approved in 2010. My I-485 petition was filed in 2012, and I have EAD/AP through this I-485 petition filing. As EB3-India priority dates were moving faster than EB2-India’s, I recently downgraded to EB3. My new I-140 (filed under EB3-India) has been approved. My employer’s attorney mentioned that there is no need to file for I-485 under EB3 as I already have filed one under EB2. I needed clarification on whether I need to file I-485 under EB3?

I am still with the petitioning employer. Given my situation, can I  take up a similar job with a different employer (under AC21 portability)? If so, what are the risks associated with it? 

Thank you!

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