EB3 to EB2 Upgrade: I-485 Filing Strategy for Inter-Company Transfer

This forum thread addresses a common scenario faced by EB-3 visa holders who have received an EB-2 priority date through an inter-company transfer: whether to file a new I-485 application immediately under the filing date or wait until the final action date becomes current. The discussion centers on the strategic decision of maintaining work authorization through an existing EB-3 based Employment Authorization Document (EAD) while pursuing an EB-2 green card through a new employer. This situation involves careful consideration of maintaining continuous work authorization and avoiding gaps in status. Key considerations include the risk of abandoning an existing pending I-485 application, the implications of working on an EAD tied to a prior EB-3 petition, and whether the priority date under the new EB-2 category is eligible for concurrent filing versus waiting for final action. For EB-3 applicants considering an upgrade or inter-company move, consulting with an immigration attorney is strongly advised before making any filing decisions, as the timing of I-485 submissions can have significant long-term consequences on work authorization and green card processing.