Strategy for Filing New EB-2 I-485 While on EB-3 EAD After Inter-Company Transfer

An immigration case study highlights a complex but increasingly common scenario for long-term employment-based green card applicants. The individual holds a priority date of December 2014 under EB-3 through Employer A, filed an I-485 in November 2020, and has since transitioned to Employer B in 2021, where a new EB-2 I-140 was approved in March 2025 with the same priority date retained. The applicant is currently working on an EAD tied to the original EB-3 I-485, which remains valid through February 2029. With the January 2026 Visa Bulletin showing a Dates for Filing cutoff of January 15, 2015 — beyond the applicant's December 2014 priority date — filing a new EB-2 I-485 may be immediately possible without waiting for the Final Action Date of July 15, 2014. For applicants in this situation, filing under Dates for Filing allows submission of the I-485 and obtaining a new EAD/AP, but does not guarantee approval until the Final Action Date is reached. Filing a concurrent I-485 under EB-2 can provide a path to a potentially faster category while preserving the existing EB-3 petition as a backup through AC21 portability rules. Key action items include evaluating whether to file the EB-2 I-485 now using Dates for Filing, submitting a new I-485J (supplement J) to demonstrate continued employment with Employer B, and considering the strategic implications of maintaining both petitions. Legal counsel is strongly recommended given the complexity of dual concurrent I-485 filings and AC21 portability considerations. This scenario underscores the importance of understanding the distinction between Dates for Filing and Final Action Dates in the Visa Bulletin, as well as the portability rules under AC21 that allow applicants to change employers after an I-485 has been pending for 180 days.