Eb2 EB3 downgrade change Employer EB3 i140 still pending

Hi All,

I have approved EB2 i140 (Oct 2014) with Employer A.
Last year Employer A downgraded from Eb2 to Eb3. My I140 and i485 is still pending for more than 180 days. I am planning to switch to employer B.
My Question is:

  • Can I switch to employer B if EB3 i-140 is still pending? Does it impact EB3 i485?
  • If EB2 become current earlier than EB3, then do my employer B need to file PERM and i140 in EB2 category to file i485 in future ? or employer B can interfile EB3 to EB2 with employer A i-140 and PERM?

Thanks,

If you leave while I-140 is still pending, and your employer withdraw the petition before it is approved, the I-485 can get denied. I would suggest upgrading to premium processing and leave current employer only after I-140 is approved. You can then use AC21 for GC job portability and the new employer can file I-485J to take over the GC job sponsorship.

The new job must be in same or similar classification.

PERM is specific to the sponsoring employer and so PERM from one employer can’t be used by another employer.

1 Like

Thanks Kalpesh for your response.
Given the priority date condition for India in EB2 and EB3 , Is it good idea to request Employer B to file i140 as well in EB2 category , just in case if employer B need to file i485 in EB2 category in future?

Thanks,
Vicky

1 Like

Yes, that wont hurt.