EAD with EB3 Downgrade --> Interfile to EB2(Current): Change jobs

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1

I got my EAD(not used) after EB3 downgrade(in 2020). I was hoping to change jobs using I-485J rule. But in Feb my priority date(Nov, 2012) will be current. I want to interfile or file new I-485 but want to change jobs before 180 days using AC21 rule. I heard these 2 conflicting views on it:

  1. 180 days will reset so I will have to wait another 180 days to change jobs. Source

  2. Using AC21 if leaving your employer before the 180 days:
    Foreigner can leave the previous employer before his or her I-485 pending for 180 days. It is not the basis for denial of a case. However adjustment of status will be denied if any of the following happens:

  • I-140 petition is withdrawn by prior employer before applicant’s Form I-485 is pendng for less than 180 days with USCIS; or
  • Original employer’s I-140 petition is denied by the USCIS at any time; or
  • Your approved I-140 is revoked at any time,
  • Employee fails to prove that a bona fide employment relationship existed at the time of filing.
    Please talk to immigration attorney before you make a decision to leave your employer.
    Source1 Source2

Not sure which one is accurate?

2

My take on your situation is if you are wanting to do interfile, do not change job as your date will be current next month and you can get GC in few months from now if the interfile works.

Re: the 180 day question, my understanding is that if your I140 is long approved over 180 days, and your original I-485 application is also pending over 180 days, you already qualified for AC21 so you are ok to leave after amendment via interfile and no need to wait for another 180 days.

The issue though is if the interfile do not work for whatever reason and you changed employer, you will be stuck in the EB3 queue unless the new employer can file 140 & 485 in EB2 using the original EB2 PERM which may or may not work. Doing a new PERM will delay the process further out.