I-485 with I140 Downgrade (EB2- EB3)

[ABHIKADJ]

Hello,

I am currently on H1-B/ EB-2 with priority date of Aug -2011. My I-485 applied was applied with EB-2 to EB-3 downgrade on October 30th.
I was planning to change my job after 180 days .But, I was told by my current company lawyer that I-140 downgrade must be approved AND 180-days must have lapsed before you are able to make a job change in same/similar capacity.

Per, AC-21 Portability for Pending I-485 Petitions

The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met:

• New employment must be the “same or similar” occupational classification;
• Form I-140 has been approved, or is approvable when filed concurrently with I-485;
• Form I-485 has been pending for at least 180 days.
• * The new job does not have to be in the same geographic location
• * The new job does not have to pay the same or a higher salary
• * A new labor certification is not required

I will appreciate if one can advise what should I do in my situation? Of course, I want to change job after 180 days and port my I-485/EAD process to the new employer after 180 days.

Thank You!

[asth1967]

I am into the same boat.Let me know when you get some response from USCIS or from this forum.