To request a transfer of the underlying basis of the I-485, a visa must be immediately available to you in the new immigrant category. unfortunately, that is not the case for you. consult a lawyer to get better clarity on this.

@olu mikk, this is a great question. I am in a kind of similar situation and wanted thoughts from folks here. About your case, you can always transfer between the first three preference categories. However, just as @T. G. mentioned, it wouldn't do you any good as your EB2 isn't current. So, I don't see the need to do that. One good to bear in mind is that USCIS claimed that they are prioritizing the approval of i140 for applicants who are current. Hence, your i140 might get processed faster than you think. This is just my thought. Question for you: Given that your i140 has not been approved, what is the current status of your i485? Does it say case remain pending?

Thank you all for your help

Assuming that your from row which it seems you are, you can transfer your PD from EB-2 NIW not the approval just the PD to EB-1A by submitting the approved EB-2 NIW I-140 with the new EB-1A I-140 and ask for the date to be ported. That is the procedure but with EB-1A for Row current porting the date is not needed. The new EB-1A I-140 and I-1485 can be adjudicated together because the category is current visa number is available. not sure if this response give you a better understanding of the process. but speak with your attorney they will provide you with legal advice.

@olu mikk, I asked you a question towards the end of my post. Can you please respond? Thanks!

@Rijo Rijo yes i-485 pending ; I am in the same boat with him.

@Al O, WoW! You said that your i485 went to CRP because i140 has not been approved?