EB3 to EB2 and AC21

[mkmmurthyforum]

Before I ask here is the background on my case:

 

EB3 Case: (for position of Software Engineer)

- Priority date: March 2005

- Filed I-140 and 485 concurrently in August 2007

- Have a approved I-140

- 485 has been pending for more than 6 years

 

EB2 Case: (for Mgr, Software Engineering)

- Priority date: March 2013

- Filed I-140 Nov 19 2013 along with request to capture EB3 priority date. Also, requested to interfile with currently pending 485 (from EB3).

       - Requested premium processing for I-140 on Dec 5, 2013.

 

 

Question: Assuming I-140 is cleared in next 15 days, when will I be eligible to exercise AC21 based on EB2 case?

 

Is it immediately given the fact that I have already requested to interfile with 485 that has been pending for more than 6 months? Or does the 6 month clock on pending 485 (for AC21 eligiblity) reset?

 

I will appreciate if you can base your opinion on experiences. Thank you. 

[mkmmurthyforum]

So now I have two approved I-140s one each in EB3 and EB2. But I am unable to figure if I can change jobs and exercise AC21 based on my EB2 job category. 

[Raj_Chicago]

Looking at your case, I feel it is safe to wait 6 months after I-140 approval. It's almost like you filed a new I-485. You have waited so long (8 years), why not wait for a little more time (8 Months) and then move on.