Using AC21 when I-140 is based on EB1 and I-485 is based on EB2

[ajnd80]

Hello,
Here is my brief immigration background:

- Employer A filed EB2 I-140 in August 2007. I-485 also filed concurrently.
- EB2 I-140 approved in June 2008
- Left employer A and joined employer B in May, 2009. Filed AC21 request for porting over to employer B.
- Employer B also filed EB1b (Outstanding researcher) I-140 in June 2010.
- EB1b I-140 approved in Jan 2011.

Now, I am interested in leaving employer B and joining employer C. Can I file an AC21 request for portability of my approved EB1b petition, even though the I-485 I have on file with USCIS is from a previously filed EB2 case?

Will I be able to port an I-485 based on an EB2 petition, and request adjudication of the I-485 based on the approved EB1 I-140, even though I am leaving my EB1 sponsoring employer?

Note that my EB1 case is based on outstanding researcher classification, which requires employer sponsorship.

Of course, it would be more straightforward to wait for I-485 to be approved, then the green card to come, and then wait a few months before moving. However, this process might take too long. I am looking at options to move to employer C before my I-485 is adjudicated.

Opinions on this issue would be appreciated.

regards,

ajnd80

 

[ginnu]

Hello,
Here is my brief immigration background:

- Employer A filed EB2 I-140 in August 2007. I-485 also filed concurrently.
- EB2 I-140 approved in June 2008
- Left employer A and joined employer B in May, 2009. Filed AC21 request for porting over to employer B.
- Employer B also filed EB1b (Outstanding researcher) I-140 in June 2010.
- EB1b I-140 approved in Jan 2011.

Now, I am interested in leaving employer B and joining employer C. Can I file an AC21 request for portability of my approved EB1b petition, even though the I-485 I have on file with USCIS is from a previously filed EB2 case?
------------------ You need to make a request to USCIS approve Pending I-485 on the base of EB1 I-140 approval. Your job duty should should match EB1 job duties. You or your lawyer can request USCIS to INTERFILE EB1 I-140 with pending I-485. Employer C job offer letter of same/similar job duties+Cover letter to Interfile+copy of your I-485 filing receipt+Copy of EB1 I-140 approval.
Will I be able to port an I-485 based on an EB2 petition, and request adjudication of the I-485 based on the approved EB1 I-140, even though I am leaving my EB1 sponsoring employer?
-------------read above
Note that my EB1 case is based on outstanding researcher classification, which requires employer sponsorship.

Of course, it would be more straightforward to wait for I-485 to be approved, then the green card to come, and then wait a few months before moving. However, this process might take too long. I am looking at options to move to employer C before my I-485 is adjudicated.

Opinions on this issue would be appreciated.

regards,

ajnd80

for more info you can contact a good lawyer.