I485 filed based in previous employer i-140

My priority date (June 2013) was current in EB2 last year, and Employer B attorney filed for I-485 based on previous Employer A approved I-140 without I-485J during initial filing. Also, My attorney genuinely represented that Employer B PERM was in progress while filing the I-485 and the processing timeline was impacted due to COVID. USCIS accepted the I-485 petition and sent an RFE of I-485J after 180-day. By that time, the PERM and I-140 with Employer B had been approved. They responded to the RFE of I-485J with a request for job portability under INA section 204(j) with Employer B I-140. After the RFE response was submitted, My I-485 case status went to ‘Case Remain Pending’ after they responded to RFE, but EAD/AP has been approved.


  1. Was this filing considered to be fraud/misrepresentation?
  2. Can I switch to AOS and use EAD/AP due to my I-485 status going to CRP?
  3. Can I maintain H1B until I get a GC? What are my options?