1-140 downgrade pending more than 180 days and EB3 priority date retrogressed scenarios


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Attorney

Eb3 forward movement last year and retrogression this year created many new unanswered scenarios.

Scenario) Company A filed Eb2-Eb3 downgrade in Nov/2020 (I 140 downgrade is pending, EAD and I 131 is approved). Currently I am working for Company A who filed my downgrade and holding my H1B. I have not started using EAD still on H1b. I am with Company A from past several years and have very good professional terms. Only filing date was current when downgrade was filed in Nov/2020.


Since I-140 downgrade is taking longer than expected almost 365 days and if I get good job opportunities what is the safest route to join company B without compromising Approved EAD/AP and pending I-140 downgrade application? Do I have to transfer my H1B to new company or can I use EAD and file I-1485J when joining new company B? Or Don't progress at all in career just stick to the current employer for another decade hoping for priority date to become current?


Note: "If you have a pending or approved form I-140 and pending form I-485 more than 180 days we can change job" is stated on EAD approval notice  


I request an attorney to respond to this scenario.


Thank you 
 

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