Your I-485 is dead, but your I-140 may still be alive if the employer didn't revoke it, so you might be able to file a new I-485 based on the old I-140 if/when your PD is current. If the I-140 is alive you'll retain the same priority date.
Originally Posted by Zhixu2011
However, because this is a fresh I-485, the "same or similar" criteria doesn't apply; you must file it based on the intent to work for the original I-140 sponsoring employer and their intent to hire you.
Another option is to get the new employer to file a new labor cert. and new I-140. Then if the original I-140 has not been revoked, you can port the priority date from the old I-140 to the new I-140.
Last edited by Jackolantern; 12th June 2011 at 08:33 AM.
EB3 ROW I-485 Approved: July 2007
USC: July 2013
I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.