Job switch after Green card interview but retrogressed priority date

techhb

New Member
Hi Sir,

I am in USA for 11 years.
Below are my case details.Based on which I need guidance.

EB2 priority date 27-Dec-2013(India).
Ported to EB3 in 2021 as PD became current in EB3 and got ead and AP valid till Dec 2023.
In october 2021 PD retrogressed.

In Jun 2022 EB2 PD became current hence interfiled ,We submitted medical documents as well but date again retrogressed.

On December 9 we were called for visa interview after amonth and 2 rfe our case status changed to CRP(case remains pending) as visa numbers not available.

Our EB2 inter-file was approved in Dec 2022.
I have my H1B available till December 2023.

Based on above I have few questions

1.Is it ok to switch job on h1b now to my client(for last year with same client but through consultant) as he wants me to join asap.

2.If above is yes What legal proceeding I need to ask my new company to do so that my GC processing is taken into consideration also which Eb I140 I should mention to my new employer EB2 or EB3 one.

3.We are going to have a baby probably in july if answer to above question is yes then should I switch after baby is born or before..


Please guide me for below queries.
 
Looks like your filed I-485 in 2021 based on downgrade EB3 & subsequently filed I-485 supplement J notifying USCIS that you originally had approved EB2. So at this time your I-485 is tied up to EB2.

You don't need to maintain H-1B status after filing of I-485 but you continue to maintain H-1B status technically you are not required to.

You can have your new employer file H-1B OR use I-485 EAD for employment.
 
I agree ,I dont need to maintain,but in case 485 gets into trouble,I wont have any backup option for me.
 
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