Changing company while I-140 (downgrade filed with I-485) is pending for more than 180 days

My company filed my downgrade in last week of Oct2020 along with I-485, I-765 etc.
My Eb3 to Eb2 downgrade I-140 is still pending and don’t have my EAD yet.

  1. If I change my company now (say h1b transfer) ,what will happen to my I-485 petition? Unfortunately Based on the current trend looks like my PD July 2014 is not going to be current soon.

2.1. If I change my company after I get my EAD (still I-140 pending) ,what will happen to my I-485 petition?

what do you people advise.

H1B transfer will not impact your I-485 processing. However if your employer withdraw the I-140 before it is approved or the downgrade is denied for whatever reason, the I-485 will get denied.

You should wait for the I-140 approval and also get the EAD/AP before switching the job.

Your new job should be in same or similar position and your new employer should be willing to file I-485J suppliment to prove that the green card job offer exists for you and they will be able to pay you the salary mentioned in the PERM.

If possible, just stick with your current employer as your PD in EB3 can get current by end of this year or early next year and your green card may get approved by mid of next year.

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@Kalpesh_Dalwadi how much time does one need to wait after I140 is approved but i485 is pending since Oct2020?

Why would you advise waiting for ead ap if H1B transfer can be done? I haven’t seen any updates on my biometrics for ead ap yet…

With regards to i485j supplement, is this something I should negotiate with new employer before accepting the offer? Many companies seem to have a cool down period of 6 months b4 they agree to start GreenCard process (that’s what I have learned)

Any help appreciated!

Thanks to op for posting this!

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Once I-140 is approved and I-485 is pending for more than 180 days, you can switch employer using AC21.

If for some reason you lose H1B job, AOS EAD will come in handy for quick job switch and AP will be handy if you have need to travel under any emergency circumstances.

You should.

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So essentially my i-140 should be approved, before I can move.

Thank you @Kalpesh_Dalwadi
Makes sense.

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I-140 can be approved OR pending. Main conditions are: 180 days past I-485 filing + similar job profile.

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Can some tell me H1b transfer will happen based on approved EB2 140 or pending EB3 140.

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You can use the approved EB2 I-140 for H1B change of employer petition. AC21 extension need approved I-140.

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My I140 approved on 2014 and PR date is nov-2014 and category is EB2 and H1b approved till Jan-2023 with company A.

Last year oct-2020 ,i have downgraded to EB2 to Eb3 and filed 485 and AP ,march month i got 485 receipt.

In current my 485 and 140 is pending since a year, now i got very good opportunity from company B.

1)Can i change the switch the job and transfer my H1b to company B, based on my approved EB2-140.

2)If i can change the job then what will happen with my current downgraded pending Eb3 I140 and 485.

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YES

Unless the previous employer pulls the pending I-140, you just need to submit a I-485J to show that it has been 180 pending days for your I-485 + your new job is similar to previous job. This is based on the previous employer not pulling your I-140. My suggestion would be go for premium processing on that pending I-140, get it approved and then transfer. That way your AOS will not be at risk of getting jeopardized.