I - 140 cleared but new PERM being filed

[jonthegull]

Hi everyone,

I am in Eb2 employment based category and my PD is Nov 2007.

My I 140 is approved but due to a change in role, the company's lawyer is filing a new PERM.

He tells me this is only precautionary for the company and if my PD becomes current, the I-485 can be filed right away because the I-140 is approved.

I am posting this to see if the folks who know this process better agree with the above. I have not had the best experience with this lawyer so far so just want to double check.

Thanks a ton for any responses.

[Attorney_17]

If your Priority Date becomes current, then you can file the I-485 application based on the I-140 approval as long as your employer is willing to continue to offer you the same position listed on the approved Labor Certification and I-140 petition.

[jonthegull]

Thanks for the response.

Just to clear my doubts, since I am now in a different role than the original PERM and I 140 was filed and approved, is that a problem?