Should I file I-485 now?

D

dawnbell

Registered Users (C)
I filed my EB3 back in 2001, and my LC and I-140 are both approved. Due to the larger retregression of EB3 visa number than EB2 visa number, I filed a new LC with a new job title(same employer) so that I can take advantage of my old priority date and the faster available EB2 visa number. The new LC is approved and the new I-140 is pending. Now, the priority date has became available for my EB3, but my lawyer told me that I better wait for the new I-140 to be approved and file I-485 with the new job title. If I file I-485 with the old I-140 and my new I-140 is pending, the I-485 application will bear high risk of being rejected because the pending I-140 shows I have changed my job title. What should I do in this situation? Is what my lawyer said correct? I am totally shocked by what he said because I thought I can file I-485 with either EB3 or EB2, whichever comes available first. Please advice. Thank you very much for your help!
 
Sorry, I don't have an answer for you but a follow-up query.

How were you able to file under EB2 keeping the same priority date? My lawyer says I can't even though my role has changed substantially with the employer.

Thanks in advance.
 
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