File AC21 during EB-3 to EB-2 upgrade

[raktim]

I got labor-certification (older version of PERM) and I-140 approved through employer A in 2006 on EB-3 category. Then applied I-485 in July 2007.

 

In 2010, I started working for employer B. I have good faith on employer A and didn't file AC-21. Through employer B, I got PERM and I-140 (in EB-2) approved on Feb 2014 and requested to adjudicate old I-485 based on this new approved I-140 in EB-2. I am still waiting for I-485 approval, online status of I-485 still shows "initial review".

 

Question: Now if I join employer C, then can I file AC21 at this stage to avoid any possible revocation for the newly approved I-140 from employer B? What are the other possible risks?

 

FYI, all these three employments (A, B, and C) are in similar O-Net job category. 

[pontevecchio]

The need for a AC21 letter is best assessed by discussing the facts of your matter with a Good Lawyer. Also you have time as the PD is November, 2004 for EB2 for India if that is where you are coming from.

[raktim]

Thanks for your reply. Yes, I will discuss with an attorney, but really eager to get some feedback from the forum members as well. 

 

Now coming to PD..  I didn't mention it in my original post that PD for my old EB3 case was Aug 04, so my PD is current for my new EB-2 (India) case because the new EB-2 is now linked with I-485 which was applied against the old EB-3 I-140…in other words it's a case of EB3 to EB2 upgrade. And this is the only reason why I was able to request adjudicating old I-485 based on my new EB-2 I-140.

 

I really appreciate more suggestions/replies..Thanks.

[Belle]

I believe, you should file AC21 ASAP because your PD is current. If you have a job offer, file right away.

[raktim]

Thanks @Belle. I am still in process to get an offer (from Company C as I explained my situation).

 

In the meantime if I lose my job from Company B and they proceed to revoke the I-140, then can I still file AC21 within 30 days to save this I-140 (EB-2) provided I have an offer from Company C?