AC21 portability

[trcdutt1]

I am currently on H1B over 10 years. I have an EB3 AOS pending since 2007 with Employer A. I changed employment in 2011 to employer B. Now employer B filed under EB2 and I-140 got it approved in Oct 2012 with the old priority date(2007). I got an RFE in Jan 2013 asking to move my pending AOS from Employer A to Employer B and decision is still pending. I am currently working for Employer - B full time and also as part time H1B employee for Employer A. Now Can I shift my full time employment from Employer B to Employer A and still keep the EB2. My question is whether I-140 is owned by Employer B even though it is approved couple of months ago. The priority date on the I-140 is 2007, so does it mean I can change to any employer with EB2 ? Experts please help. My lawyer says it is possible to shift jobs and keep the EB2 even though filed by Employer B. I am concerned that this would trigger more issues.

[Belle]

You need a consultation with a good lawyer. Generally, you should be able to do it under AC21, but you want to dot the i-s on this.