My Perm is filed in EB2 category. Can I apply for I-140 in EB3 category?

[H1B55555 0]

Hello,

I have a approved EB2 I-140 from company A with PD in April 2012. 

Company B recently filed my Perm in EB2 and expecting the approval in July 2021. Iam hoping to port the April 2012 PD with Campany B I-140.

Can I apply for I-140 in EB3 directly and port the priority date? Or Do I need to file the I140 in EB2 category first , then apply one more I-140 in EB3?

Thanks in Advance.

 

Edited June 29, 2021 by H1B55555
typo

[JoeF 7]

No. You would need a PERM that is for EB3.