URGENT: EB2 to EB3 downgrade possible with new employer?

[Disturbia]

I have an approved I-140 under EB2 from my previous employer.

 

My new employer would be filing PERM. Since I already have I-140 under EB2 along with 6 yrs work experience + Masters degree, can my new employer still file under EB3?

 

Please let me know what I need to do if my employer plans to file under EB3, that would be a downgrade from EB2 to EB3..

 

 

Appreciate quick responses!

 

[Attorney_15]

You can be the beneficiary of two separate I-140s filed based on two separate LCs where one is a job with EB2-type requirements and the other is a job with EB3-type requirements. There is nothing in the law that prohibits this from being done.