AC21, complicated situation-please guide

Adarsh

Registered Users (C)
I have the some problem to use AC21 and need guidance if I need to use AC21, I hope experts will help me what are my chances.
My details:
1 I worked for employer A and LC, I-140 were filed by A and LC I-140 got approved and I-485 was filed in 2002 then I had to leave that employer, my I-140 was approved in EB2, service center VSC, got EAD, AP but never used by me (fear that employer may revoke I-140) I-485 is pending more than 180 days

2 I transferred H1 with new employer B and joined him and employer B also filed for my new LC that is approved in EB3 company lawyer of B filed I-140, I-485, EAD, AP concurrently. He never said anything that I cannot file second I-485; I told him that I have pending I-485 provided him the receipt. Now my I-140 is also approved through company B

what should I do?

3 I don’t know if I can use AC21, as on my earlier approved LC my job title was Network Engineer, Occ Code 030- 167 –014, job duties on ETA to be performed are:

Install and configure various network operating systems and devices, conduct operating system research, new technology research and state of art network implementation. Configure software and hardware infrastructure, network management tools, switches, hubs, file servers, email system and groupware applications. Determine network system function specifications. Propose and implement network standards. Perform user training

4 And on new LC of B the job title is Software Engineer code is 030-062-010
On new approved LC ETA the job duty is:
Research, design, and development of computer software for business applications; analyzing software requirements to determine feasibility of design with n time and cost constrains; formulating and designing system, developing and directing system testing procedures using TCP/IP, LAN (local area network) Window NT environment
I am confused of same or similar job? Do I qualify to use AC21?

On my past-approved LC of company A the salary is 71K but on LC approved for B is 60K and I am getting 59K from my current employer plus Bonus 5K yearly, so it is 64K

Please help I am not expert on AC21


Should I withdraw the I-485 that was filed based on company A approved I-140?

++++That pending I-485 with VSC has earlier PD.
Please let me know my options:
1 to use AC21 and remain with B (I want to be with B after GC approval)

2 One of my friends also informed me that I could substitute the approved I-140 of company B with pending I-485 that was filed after I-140 was approved for company A that way I will get GC early because my I-485 that I filed has early PD. Is it possible to do? Can I substitute the new I-140 with pending I-485 that was filed on base of company A I-140 approval?

3 If it is possible can I substitute EB3 I-140 with EB2 I-140? Because my earlier I-485 was filed based on EB2 I-140 approval. Can I send copy of new approved I-140 (EB3) to USCIS and request them that my pending I-485 should be approved on the basis of new I-140.

If the above is possible I don’t think I need to use AC21, it that correct?
Please help
 
I think you dont need to use AC21. I have read somewhere that you can subsitute the new approved I-140 with pending I-485
 
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