Interfile 485 based on I-140 approval

[vagav1sk]

Hi Guru's

Please I need advice....

My case: I have a EB-2 approved I -140 with priority date oct 2006 from my previous employer and EB-3 I -140 approved with priority date Feb 2010 from my current employer. I did not apply my I-485. I read about pearson memo 2000. I would appreciate if any Guru's can share their exp and thoughts regarding Pearson memo and if I can apply my I-485 based on memo as my EB2 date is current.

[Belle]

You can only file if you have a job offer from the original EB2 employer. If not, you may use EB2 date with your EB3 petition, and it is probably not current yet.

[vagav1sk]

Thanks for the reply... Could you please give me your comments on this... According to Pearson Memo one can use EB-3 OR EB-2 if one of the dates are current based on their approved I-140's.

"While the intent to work for the petitioning employer is a requirement for approval of I-485, there is no legal requirement that the beneficiary of an approved employment-based petition work for the sponsoring employer before receiving permanent residence status. In addition, the transferring of the I-485 adjustment can be in both the service’s and the alien’s interest."

[Belle]

I think it is pretty straightforward, is not it? There is no requirement to work for the sponsor WHILE I-485 IS PENDING, however, there MUST BE a job offer from the original employer at the time of I-485 filing for I-140 to be valid.