EB3 to EB2, inter‑company move, working on old EB3-based EAD – should I file new EB2 I‑485 now or wait for final action date to be current?

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Question:

I am seeking guidance on the timing and strategy for filing a new I‑485 in EB2 after an inter‑company move, while I am currently working on an EAD that was issued from an older EB3 I‑485.

Here is my timeline and situation:

  • Employer A filed my green card in EB3 with a priority date of 12 Dec 2014.

  • My EB3 PD became current in Nov 2020, and I filed I‑485, I‑693 (medical), AP, and EAD with Employer A.

  • Employer A also filed I‑485J in 2020.

  • In 2021, I resigned from Employer A and joined Employer B.

  • Employer B started my green card process in EB2, and my EB2 I‑140 was approved in March 2025 (priority date remains Dec 12, 2014, recaptured from EB3).

  • I initially joined Employer B on H1B, but due to an emergency international travel, I switched to using my EAD (based on the EB3 I‑485 from Employer A) in Nov 2024.

  • Since then, I have been working on that EAD for Employer B; the EAD is valid until Feb 2029.

Current Visa Bulletin situation:

  • In the latest bulletin, the Dates for Filing chart for my category shows 15 Jan 2015, which is after my PD of 12 Dec 2014 (so I am eligible to file using the Dates for Filing chart, assuming USCIS is honoring that chart this month).

  • The Final Action Date is 15 Jul 2014, which is about three months earlier than my PD.

My questions:

  1. Timing and strategy for filing EB2 I‑485:

    • In this scenario, should I go ahead and file a new I‑485 now in EB2 with Employer B using the Dates for Filing, or is it safer/better to wait until the Final Action Date becomes current for my PD?

    • One of my main motivations to file now is:

      • To have a pending I‑485 tied to Employer B, in case I change employers again before the Final Action Date becomes current.

      • To preserve flexibility to move between EB2 and EB3 later (upgrade/downgrade) if dates move differently.

    • Given that I am already working on an EAD issued from the old EB3 I‑485 with Employer A, is there any risk to my status or existing I‑485/EAD if I file a new EB2 I‑485 with Employer B now?

  2. New EAD/AP and impact on existing EAD/AP:

    • If I file I‑485 in EB2 with Employer B now, do I need to (or should I) file for a new EAD and AP based on the EB2 I‑485 as well?

    • Will the new EB2‑based EAD/AP replace the existing EB3‑based EAD/AP, or can both sets remain valid at the same time?

    • Are there any practical or legal complications in working for Employer B on an EAD that originated from Employer A’s EB3 I‑485, especially once the EB2 I‑485 with Employer B is filed and pending?

  3. AC21 / I‑485J / portability considerations:

    • Since I left Employer A after filing the EB3‑based I‑485 and I‑485J, and have been with Employer B for more than 180 days, does AC21 portability fully cover my situation, or is there anything special I need to do now (e.g., new I‑485J with Employer B linked to the old I‑485, versus just filing a fresh EB2 I‑485)?

    • Is there any risk of denial of the older EB3 I‑485 because I am no longer with Employer A, and how does that affect the strategy of filing a new EB2 I‑485?

Any guidance on the best strategy (file now vs wait), AC21 portability, and managing multiple I‑485/EAD/AP scenarios would be greatly appreciated. I understand this is not individualized legal advice, but I am trying to decide whether to file immediately under EB2 or to wait for my final action date to become current.