u/Distinct_Earth6074

Background:

• 🇮🇳 EB-2 India, Priority Date: May 2014
• AOS (I-485) filed: October 2020 under EB-3 (downgrade with previous employer)
• Missed the 2022 EB-2 current window — didn't have an approved EB-2 I-140 with current employer at the time 😔
• EB-2 I-140 with current employer approved: January 2025
• April 2026: Current employer filed a Transfer of Underlying Basis (TUB) to upgrade AOS from EB-3 → EB-2, when dates became current in the FAD

Current Situation:

Dates have now retrogressed and I'm pretty bummed. I received the receipt notice for TUB on 05/15. Realistically, adjudication this month seems very unlikely.

I've been staying with my current employer primarily for the green card, but with retrogression hitting, I'm now seriously considering switching jobs.

My Questions:

1. If I move to a new employer, can my AOS port to EB-2 using the TUB that was already filed? Or does the TUB need to be fully processed/approved first?
2. Do I need to wait the 180-day portability period before switching, and does the clock reset with the TUB filing?
3. I really don't want to go through PERM + I-140 again — is there any way to avoid that with a new employer given I have an approved EB-2 I-140?
4. Any risk of the TUB being abandoned or denied if I switch employers before it's adjudicated?

Has anyone been in a similar situation? Would love to hear from folks who've navigated TUB + portability. Thanks in advance! 🙏