Need suggestion for my GC Processing

Here are my details.

Priority Date EB-2 29th September, 2011 with previous employer co-operative to support and moved to new employer last August 2020 and perm process starting now.

My previous employer applied EB-2 to EB-3 down grade along with I-485, I-765 and I-131 on 10/29/21 and received all receipts and completed bio-metrics in 1st week of March. EB-3 I-140 is still pending from Nebraska. Application went to same service center where my EB-2 I-140 applied.

RD :10/29/2020 for I-140, I-485, I-765 and I-131

Do I need to move back to my previous employer or can I stay with new employer until I get my GC from previous employer?

I have not upgraded to premium since I am not working for my previous employer and hoping that I will be current October 2021 visa bulletin in EB-2.

Can you please suggest me?


You can keep working with your current employer however will need to move to your previous employer after your I-485 is approved.

I don’t understand why would you not upgrade to premium for the EB3 I-140 as your PD is current in this month’s visa bulletin already? Are you intending to refile your I-485 in EB2 when your date gets current?

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Thanks Kalpesh.

I have not anticipated EB-3 will current this month and planning to request premium next week.


Hi All,

My EB2- EB-3 downgrade I-140 approved when i applied through premium process.

Priority Date: 09/29/2011
Category: EB-3
Receipt Date: 10/29/20
Notice Date: 01/12/21
BM completed on 03/02/21

Can i move to my current employer on my EAD since my previous employer is co-operative and will never withdraw my I-140 at any given time?

Please suggest me.


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Under AC21, you can change employer if your I485 is pending for more than six months provided your new job is “same or similar”. New employer will need to file I485J supplement.

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Hi Kalpesh,

I moved to new employer on 06/29/2020 and October 2020 visa bulletin my priority date became eligible under DOF chart

I was not with my previous employer when i applied Eb-2 to Eb-3 downgrade along with I-485, I-131 and I-765 concurrently.

Is it possible to request my current employer to file 485J since my job duties and job code same as old perm from previous employer?

is it worth asking to file 485J, any potential issues doing this? or Can I keep working with my new employer on H1-B until i get my green card that it is unknown and not sure with new delta variant.

Here are case details:
Priority Date: 09/29/2011
Receipt Date: 10/29/2020
Notice Date: 01/12/2021
BM completed: 03/02/2021
EB-3 Downgrade approved: 07/19/2021

I will appreciate you and senior members from this group for taking time and answering questions. God bless you all.


If your I-485 is pending for more than 180 with the sponsoring employer, your current employer can file I-485J to be the new sponsor of your green card job.

Are you wanting to do this because you don’t want to move to your old employer?

Hi Kalpesh,

i was doing consulting role with my previous employer and i have joined the same client as FTE. I was travelling most of the time until last year march.

My H1-B is valid till FEB-2023 with current employer and they have started my GC perm 3 months back. I don’t want to go back to consulting role for next 2-3 years so i am evaluating my options.

I received my EAD and AP last week with 2 years validity. I am hesitant to use my EAD card yet.

Hope i explained my situation clearly.


Hi Kalpesh/Anil/Experts,

My current employer is not interested to file 485J but they are ready to give 12 months contract role with my previous employer. I am planning to apply 485J along with my medicals since we have not filed 485J originally. I have not received medical RFE yet and not sure when i receive them.

Do you see any downside in submitting 485J now along with medicals?

Thanks for your input as always.


Should be no issue as such.

I was in USA till 2019 on L1A and my I-140 Approved (Priority Date is current) in EB1 category, I retuned back due to L1 A First extension rejected.
I am working with the same company.
Can you please suggest if I can apply GC for Consular Processing and what are the critical steps to apply?

You should be able to apply green card using consular processing if the i140 has not been withdrawn and employer is ready to offer you the same job.

Thanks Anil…If my employer is not ready to give offer instead I get offer from other company from USA, is that fulfill this criteria and I can apply Consular Process?

The new employer will need to file their own PERM and i140.

Hi Anil Thanks for your response, can I am good in below scenario:

I was in USA on L1A individual and come back in 2019 after my first extension rejected and currently working in the same company.
I have approved I-140 in EB1 category.
Now if my same company apply H1B for me, so can I apply GC (I-1485) while in USA (on H1B Visa) using the same I-140 (which was approved on L1A)?