to comply with AC21 fully, I-140 approved and I-485 pending after 180 days, and change to a similar position.
However, Yate's memo is more lenient, it says OK as long as this I-140 is eventually approved AND it appears (with preponderance of evidence) approvable at 180 days. So the most important key point: THIS I-140 needs to get approved later if not already approved, (in order to keep PD, I-485 pending all alive)