Not Porting from EB3 to EB2


anotherH1guy

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Hello All,

I got my 140 approved in 2006; filed for 485 in 2007 and also got my EAD. All this was with my previous employer. I left my previous employer in 2013 and sent a AC21 letter (by working with a third party law firm) to USCIS. Since 2013, I've been working for a new employer using my EAD. (Renewed my EAD in 2014.)

I have not yet initiated the process of porting my GC case from EB3 to EB2 - and it doesn't appear that my current employer will entertain my request.

My question is - is there any downside to not porting from EB3 to EB2, besides the lengthy wait? At the moment, since I am using my EAD, my employer is no way involved in my immigration status.

Am I supposed to be taking any immediate action?

 

Thanks!
 

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