EB3 to Eb2 upgrade and filing i485

[gguptaea]

I had filled my green card in EB3-I category (schedule A) with my previous employer and got my I140 approved with priority date of oct 09. My new employer filed for my green card (I140) in EB2-I category and had asked for retaining my old priority date. The I140 application is still pending. Now my priority date (Oct 09) is current in EB2-I category, am I eligible to file for I485? If yes please explain the procedure.

[aboppana]

I believe you would file I-485 attaching the copy of I-140.

[Belle]

You may file I-485 when your date is current and I-140 is either pending or approved.

[maninnj]

Belle,

Please advise if I need to file a new I-485 for my recently approved I-140 under EB2. I submitted I-485 form under EB3 back in 2007. I heard that calling USCIS and requesting them to use old I-485 is the way to go or the USCIS will automatically use the old I-485. My new I-140 approval notice does show my EB3 priority date.