EB3 to EB2 - Switch employer without H1

C

craver

Registered Users (C)
I am on EAD, with my 485 pending for more than 2 years. My PD is Dec 2002, EB3 India. Currently, I dont have an H1.
If I switch from one employer to another, and the new employer files my Labor/140 in EB2 and it gets approved, what status would I be when a 485 is filed by the new employer (reason: get into the EB2 queue with earlier PD)? Should my old EAD/485 be cancelled, or is there a way to port it?
My concern is, for the period between filing 485/EAD/AP (with new employer) and getting approval on the EAD, how will I work for the new employer?

Please advice.
 
Past Performance not a guarantee for future performance

u get my drift. If u are pre-2004 EB2 filer U will probably benefit. There were a lot of EB2 filer from Mid-2003 onwards. So I would expect EB2 to slow down a bit. Correct me if I am wrong.
 
You don't have to file I485 again. if your 2nd I140 gets approved, you can request USCIS to attach your 485 to new approved I140 petition. Should not be a issue.

Some lawyers recommend applying I485 again (resulting in multiple 485s for that person) but USCIS does not seem to prefer it.
 
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