EB2 to EB2 portability question


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Hello,

 

My employer has decided to sponsor me for an full time engineering position in the EB-2 category. My question is when the I-140 is approved and one has been in the waiting line for PD to become current (the current projections are 118 months of waiting time for 2015 PD - everything else remaining the same), are these two situations possible while allowing retention of initial PD:

 

i) The same employer re-files PERM / Labor and I140 for a higher position in a different wage level?

 

ii) A different employer files PERM / labor and I140 for a higher position in a different wage level?

 

Thanks,

QuestionV

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