I-140 approved in EB2, changing employer, effect on applying for 485

[sashr985]

Hi,

I have my I-140 approved through company A, Priority Date (PD) is May 2008 under EB2.

If i accept a fulltime offer with company B(they promised to start my Labor asap and port the PD)dont know how much time it will take to get my Labor and I-140 approved through company B. Meanwhile if my PD becomes current before my I-140 approval from company B - Can i still go ahead and apply for my I-485 based on I-140 approval from Company A?

or

do i have to wait until i get my I-140 approval from company B to apply for I-485.

[mashmit2002]

Porting the PD is not at liberty of Company B but it is of Company A. If company A is fine then you can port the PD and can apply for I485 using that.

I am not sure about your nationality but if are from China or India then chances are you will have the I-140 approved from company B before you need to apply for I-485.