Switching jobs with PD April 2012 and I-140 downgrade to EB3 approved

Hi All, I am in a conundrum and I am hoping someone here can help with advice. I used to work for Employer A a long time ago. This employer filed for my GC back in 2012 under EB2. I then switched to employer B shortly after. This employer has since taken over my GC, filed for the downgrade to EB3 under PP, which is approved already. The date is now theoretically current. Now, employer A has returned and asked if I would like to join back in a much senior position. While I want to wait for my GC, I also don’t want to lose out on this position. Employer A is one of the biggest software companies in the world and a position this senior may not open up for who knows how long. What are the risks if I accept this position and how can I mitigate the risk? Since I already have an I-140 approved with employer A from before, will they have to go through the GC process again or does it just get transferred over? Thank you for your responses.

Haven’t you filed your I-485 yet? If not, you should file it asap. If you already filed and your I-485 is pending for more than 180 days, under AC21 you can change job and have your new employer file I485J supplement (assuming your employer A still has I-140 active and was not withdrawn). However, the old (one in I-140) and new job offers must both be in the same or similar “occupational classification” for the AC21 job portability to apply.
If the new position is a promotion (as you mentioned it is senior level) over the previous one, USCIS will consider whether the new job is a natural career progression. For example, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position.

If the dates retrogress in the meantime you will be stuck in a long wait again.

As mentioned above, if they didn’t withdraw I-140 after you left them, they can simply file I-485J along with I-485. However they will need to prove the old job and the new job are similar with a natural career progression for new position.

Yes, I-485 was filed and recieved in October so it has passed the 180 days threshold. The position however, is several positions over where I was when I left. It is still within the same department and is natural progression but most of that progression happened with my current employer and now I would join as a Sr. Director when I had left as a developer. Can a case be made for the natural progression still if I am overseeing similar kinds of developers, designers and managers as the kind of developer I was when I had left?

I believe you should qualify for the new position as natural progression in your career.