I-485 Pending with EAD/AP and job role change

[mshankar]

Hi,

I have a situation where I have a pending I-485 (PD: Oct, 2007) with an EAD/AP for the same. I have been offered a job role with the same employer which is different to a certain extent from the roles/duties (Engineer to a Manager) filed for PERM initially. My questions are:

1). Do I need to go through PERM and I-140 again?

2). Can I use the existing priority date from my previous I-140 approval?

3). What happens to the approved EAD/AP that I now have from my pending I-485 during this entire process?

4). Can I attach the I-140 (which will potentially get approved) to the pending I-485?

Please let me know the answers if you have had similar experience in this regard.

Thanks.

[Belle]

1) Get a good lawyer to review your new responsibilties for eligibility under AC21. My gut feeling is you don't have to. You might want to in you need to upgrade to EB2, which is a possibility you need to consider.

2) Yes, if you decide to file a new one.

3) EAD/AP remain valid while your I-485 is pending.

4) Yes, you can have multiple I-140s with one I-485.

No, I did not have a similar experience. Why do people always add that... that would actually disqualify most lawyers.