Concurrent filing EB3 and Eb2

[yetanotherdesi1]

I am in H1. When USCIS made all the priority date current last June 2007, I filed my I 485 - EB3 - priority Date Oct 2006. My spouse is in H4 and is working with her EAD. I am planning to change my company now.

1) Can I work for the new company in H1 and file for my EB2 in parallel.
2) Should I also file AC21? - My new company job is a similar one, but with increased responsibility and they require masters in the new company.
3) What will happen to my spouse's 485 in this time? Can she continue to work.

Please advise.

[txh1b]

1. Yes. However, you need to capture the old PD and interfile the I140 and 485 with you already existing 485. Don't ask me how as this is lawyer stuff.
2. You should if you want your GC and use AC21
3. Yes.

[yetanotherdesi1]

Thanks so much for the reply. My confusion here is -

1) Can I apply for AC21 and EB2 for the same job with increased responsibilities? Is it possible?
2) Is my I-485 pending in EB3 valid, after I started EB2 labor and EB2 I 140.

[txh1b]

1. Possible if you gained the experience from your previous job needed for this job to qualify for EB2 position. Talk to a lawyer.

2. Should be valid unless it gets rejected.