Bab

EB3->EB2 priority date transfer:

Currently I have my EB3 with priority date of 2003 LCA and its
corresponding I-140 approved. I would like to know

1) whether it would be possible to file EB2 PERM LCA followed by
EB2-140 with MS + 1 year/0 year experience for a more senior position
(ie Senior Programmer Analyst) with the SAME EMPLOYER and have the OLD
PRIORITY DATE OF 2003 TRANSFERRED to the new EB2 I-140? What is the
CRITERIA for doing it and what CASES are not possible. If possible can
you describe HOW could it be done (ie what PERM job position, job
requirement qualifies for EB2 and its advertisement details and when
and how is the priority date transferred to the new EB2 1-140).
2) I also heard that for a given employer/employee with approved EB3
I-140, the SAME EMPLOYER CAN'T refile for EB2 PERM LC to RETAIN THE
OLD PD(of EB3), followed by EB2-I-140 since refiling(to retain the old
PD of EB3) is possible for the same employer/employee only if the job
description, employer, job location, alien job title, job requirements
REMAIN the same. Hence then it would mean again I could only refile
EB3. Is that TRUE? Can you please point me to the LEGISLATIVE article
if possible?

Bab

can someone please assist me on this?