Use of approved 140 against 485 in another category

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everything_gud

Registered Users (C)
Due to situation with EB3 PD not getting better, everyone thinks on jumping on the EB2 bandwagon..By reading through various posts in this forum i am aware that one can file for PERM EB2 through another employer and use approved 140 (from current employer which was EB3 application) PD against the new approved EB2 140 since the PD belongs to the employee after 140 is approved. My question is that if one uses the earlier PD against the new 485 case and lets suppose the new 485 gets stuck because of maybe the EB2 becomes unavailable like they did this year and suddenly EB3 date becomes current for the old case, then can the old case be pursued or is it considered abandoned once the PD was used for this new case? and Meanwhile this new case is being processed, at what point does one need to change employment to the new employer? or can one just wait till the GC thru the new employer comes?? Making it more complex, while one is waiting for the new case to be processed, how does one keep getting H1 extensions for the previous employer? I know there are lot of "learned" ppl on this forum who might have some insight into this. Please shed some light on these issues.Thanks.
 
everything_gud said:
Due to situation with EB3 PD not getting better, everyone thinks on jumping on the EB2 bandwagon..By reading through various posts in this forum i am aware that one can file for PERM EB2 through another employer and use approved 140 (from current employer which was EB3 application) PD against the new approved EB2 140 since the PD belongs to the employee after 140 is approved. My question is that if one uses the earlier PD against the new 485 case and lets suppose the new 485 gets stuck because of maybe the EB2 becomes unavailable like they did this year and suddenly EB3 date becomes current for the old case, then can the old case be pursued or is it considered abandoned once the PD was used for this new case? and Meanwhile this new case is being processed, at what point does one need to change employment to the new employer? or can one just wait till the GC thru the new employer comes?? Making it more complex, while one is waiting for the new case to be processed, how does one keep getting H1 extensions for the previous employer? I know there are lot of "learned" ppl on this forum who might have some insight into this. Please shed some light on these issues.Thanks.
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It is expected that employee joins GC employer if he/she is on EAD. It is hard to convince that the job is available (at gc employer) and you are willing to join the employer, but still want to wait until you get GC.

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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everything_gud said:
But what if the incumbent is not on EAD and is on H1 extension beyond the 7th year??

My previous quote:
It is expected that employee joins GC employer if he/she is on EAD. It is hard to convince that the job is available (at gc employer) and you are willing to join the employer, but still want to wait until you get GC.
What by meant was " at stage after filing for I-485". The applicant can have EAD at that time. Please note it is legal to wait until I-185 approval to join the employer, only thing is that it is difficult to convince with logic.
Click to expand...

Disclaimer: I'm not a lawyer, and this ain't legal advice, its just my opinion.
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