EB3 to EB2 while I-485 pending

[chagun]

My GC (in EB3 catg) was filed by company A in 2005 and I accepted offer in company B recently(that said, I have approved I-140, and I-485 was pending for more than 180 days). Now that Company B filed my case in EB2 similar occupation but posses different resp & salary. As the dates are current for 2005 EB2 filings my case will be ported.

Question is that should I file AC21 w.r.t new company or it too late? Will I be getting an RFE at this I-140 stage?! How will it impact my GC processing?!

[redgreenbluee]

please consult a lawyer.

you can file AC21 only if your new job requirements are same or similar with your previous LC.

you can however port your approved I-140 PD even if job requirement is different, and later on interfile with I-485 after new I-140 approval.

Originally posted by chagun:

My GC (in EB3 catg) was filed by company A in 2005 and I accepted offer in company B recently(that said, I have approved I-140, and I-485 was pending for more than 180 days). Now that Company B filed my case in EB2 similar occupation but posses different resp & salary. As the dates are current for 2005 EB2 filings my case will be ported.

Question is that should I file AC21 w.r.t new company or it too late? Will I be getting an RFE at this I-140 stage?! How will it impact my GC processing?!

[Belle]

It is not essential to file AC21, but you can still do it. Your I-140s both can be valid at the same time. To keep EB3 I-140 valid you will need AC21.