NEED ADVISE!! Moving to new job

[sd1976]

hoping some gurus here can help me on direction to take, thanks.

my situation:
1. current employer file EB3 and sitting in I-485 approval stage. EAD and AP valid until 08/2012. PD: 12/2005.
2. currently employed using H1b
3. current employer filed EB2 in 2011, PERM approved. filing i-140 and i-485 concurrently in next two weeks.
4. received job offer from prospective employer recently.

question:
1. can i start new job w/ prospective employer after Eb2 i-140 is approved without affecting my Eb2 i-485 application? Can i use my EAD from EB3 filing for new job?
2. my PD from Eb3 will be transferred over to my EB2 application, correct?
3. how long will i-485 approval take since PD for India for EB2 is now current?

 

[Jackolantern]

If your I-140 is approved and your I-485 has been pending for at least 180 days, you can change jobs and benefit from AC21 protection to keep your old I-140 from being revoked ... UNLESS your new job does not meet the "same or similar" criteria for AC21. Your old job was EB3, your new job is EB2, so it might not be similar enough!

And if they're not similar enough, the old employer could get USCIS to revoke the I-140, which would halt your ability to port the old priority date to the new petition, and also result in your existing I-485 being terminated!

So if I were you I would not change jobs until the new I-485 is filed and the new employer has requested porting of the old priority date to the new I-140.

You will also need to use your existing EAD to work for the new employer, unless they have filed H1B for you.

If you get past those hurdles and change jobs without the disruption of the old employer revoking your I-140, you can expect I-485 approval in 3-6 months if your PD remains current.

 

[BigJoe5]

If your I-140 is approved and your I-485 has been pending for at least 180 days, you can change jobs and benefit from AC21 protection to keep your old I-140 from being revoked ... UNLESS your new job does not meet the "same or similar" criteria for AC21. Your old job was EB3, your new job is EB2, so it might not be similar enough!

And if they're not similar enough, the old employer could get USCIS to revoke the I-140, which would halt your ability to port the old priority date to the new petition, and also result in your existing I-485 being terminated!

So if I were you I would not change jobs until the new I-485 is filed and the new employer has requested porting of the old priority date to the new I-140.

You will also need to use your existing EAD to work for the new employer, unless they have filed H1B for you.

If you get past those hurdles and change jobs without the disruption of the old employer revoking your I-140, you can expect I-485 approval in 3-6 months if your PD remains current.

Jackolantern,

I have to compliment you on that reply. Well done!