I am from India and I already got an approved labor certificate and I140 in the EB3 category. My I485 has been pending for three years now and it seems like it will never get approved because of the long waits. I have a job offer from another company and I want to file again to go through the EB2 category. Is this ok? Am I qualified? I only have a BA but I now have 6 years of experience.
Updated analysis (October 31, 2026). A new employer may be able to sponsor an EB-2 labor certification and I-140 even when an EB-3 petition and adjustment application already exist, but there is no automatic guarantee of EB-2 qualification or immediate green card issuance. An EB-2 advanced-degree professional generally needs a qualifying advanced degree or a qualifying bachelor’s degree (or foreign equivalent) followed by at least five years of progressive post-baccalaureate specialty experience; the offered position must itself require that level of education or experience and the evidence must support it. An earlier approved I-140 may permit priority-date retention subject to applicable exceptions, but the retained date must actually be current under the applicable Visa Bulletin and adjustment chart. The existing I-485, any job portability issues, ability to maintain eligibility, and any need for a new adjustment filing require separate analysis. Approval of a petition does not itself make a visa number available.