Is EB3 to EB2 conversion possible for this case?

[bry2004]

Can a retrogressed EB3 case (approved I-140, pending I-485, 3 EADs/APs ) be re-filed as an EB2 case? My signature has my EB3 pending I-485 case details.

If Yes, is the answer still yes, if AC21 portability is used Once, but not reported yet to USCIS?

What filings the current employer has to do?
In particular what happens to the pending I-485?

How does a potential second AC21 portability affect the case?

Thoughts from the Gurus are appreciated.

 

[ginnu]

Can a retrogressed EB3 case (approved I-140, pending I-485, 3 EADs/APs ) be re-filed as an EB2 case?
------------------------new employer can file LC and then I-140 once I-140 gets approved Interfile second I-140 approval copy with pending I-485 and make request to USCIS to approve the I-485 based on new I-140( at the time of filing second I-140 write your A# on I-140 form and request the lawyer to recapture early PD)

My signature has my EB3 pending I-485 case details.

If Yes, is the answer still yes, if AC21 portability is used Once, but not reported yet to USCIS?

------------------Better file AC21
What filings the current employer has to do?
-------------for AC21 permanent job offer letter with same similar job duties( if filing new LC then your lawyer knows what to do)
In particular what happens to the pending I-485?
------------if you invoke AC21 then it may be approved (filing second LC or I-140 has nothing to do with that but if before I-485 is approved and you get second I-140 approved and make a request to USCIS to approve the I-485 based on second I-140 then I-485 may be approved based on second I-140.)

How does a potential second AC21 portability affect the case?
----------if you interfile the second approved I-140 with I-485 and make a request to approve the I-485 on base of second I-140 then it is not AC21

Thoughts from the Gurus are appreciated.