change employer after porting to EB2 from EB3

[murthybabu]

Hi,

 

I have my 485 filed in EB3 with a PD in July 07, India. Then move to a new job where the job was same and similar (ac21). The current employer filed an new I-140 and it was approved in EB2 on Dec/15/2012 and it showed the old priority date. So can I change my employer again now? I know the dates are going to move to Feb 2008 for EB2 India in next bulletin but I got an offer too good to pass. No judging please.

 

Thanks
 

[murthybabu]

Can someone please answer? I would really appreciate your help.

[Shurap1]

Hi,

 

I have my 485 filed in EB3 with a PD in July 07, India. Then move to a new job where the job was same and similar (ac21). The current employer filed an new I-140 and it was approved in EB2 on Dec/15/2012 and it showed the old priority date. So can I change my employer again now? I know the dates are going to move to Feb 2008 for EB2 India in next bulletin but I got an offer too good to pass. No judging please.

 

Thanks

 

You can use AC21, there is no limit on how many times you can do...so you are good to go.

[kalyan_ac]

Yes you can certainly changes jobs but be sure file a AC21.

[murthybabu]

You can use AC21, there is no limit on how many times you can do...so you are good to go.

So if I change jobs, I don't have to file an new 140 and my old 485 would be approved in EB2 when dates becomes current if I just do the AC21 paper work when I change jobs?

[Shurap1]

So if I change jobs, I don't have to file an new 140 and my old 485 would be approved in EB2 when dates becomes current if I just do the AC21 paper work when I change jobs?

There is no paper work for AC21. If you want to inform USCIS about job change you can send them letter but there is no such legal requirement. Why would you want to wake up a Sleeping Giant :)

[murthybabu]

There is no paper work for AC21. If you want to inform USCIS about job change you can send them letter but there is no such legal requirement. Why would you want to wake up a Sleeping Giant :)

Thanks Shurap1. I won't send the AC21 letter unless they issue an RFE. So my old 485 will be processed under the newly filed EB2 140 category even after switching jobs?

[murthybabu]

Can someone please confirm my old 485 that was filed under EB3, will continue to be processed under EB2, even after I quit the current employer, who filed my EB2 I140, that recaptured the EB3 PD?

I know under normal AC21, the 485 is filed after 140 is approved or concurrently, hence you can change jobs without hurting your 485 after 180 days. But in my case, because of porting, 485 was already pending for 5 years when my EB2 140 was filed.

[tusharvk]

Can someone please confirm my old 485 that was filed under EB3, will continue to be processed under EB2, even after I quit the current employer, who filed my EB2 I140, that recaptured the EB3 PD?

I know under normal AC21, the 485 is filed after 140 is approved or concurrently, hence you can change jobs without hurting your 485 after 180 days. But in my case, because of porting, 485 was already pending for 5 years when my EB2 140 was filed.

it can be important consideration for you; please get attorney involved.

Date recapture, leaving employer after 180 days, etc details may be involved to rely just on the forum.

Your pd can become current in august vb; then you do not want to miss the boat.