AOS (EB-3 I using EAD) Eligibility for I140 PP in EB-2 I (New PERM)

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Dear members, any direction or inputs in this matter is greatly appreciated. I need your urgent assistance in this regard.

I am working on my EAD based on my pending EB -3 India (with 2007 PD i.e., Hopeless!!). I am not on H-1B anymore and am currently in AOS. I have used AC-21 and changed the employer couple of years back. Due to current backlog and delays, my current employer understood my situation and accepted to file a new PERM in EB-2 category further to port my old priority (EB3's) date at I-140 stage. They are applying PERM/Labor sometime next month and my question is: Am I eligible to apply the I-140 in premium processing after Labor (PERM) approval? What I meant to say is: I am not on H-1B currently, I am in AOS. I read that, only the people who are in H-1B, that to in their last year (6th year) are eligible to file I-140 in PP. can you please let me know if I am eligible to apply I-140 in Premium Processing?

Appreciate your time and help!

Thank You!

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