Eb2 - BALCA appeal and EB3 with same employer

[mihir17_in]

Attorneys,

My employer filed for EB2 PERM in nov 2010 and got rejection in Jan 2011, so we filed for BALCA appeal as I was in 6th year of h1b. In July/Aug 2011 he will file new EB3 PERM for my case as decision from BALCA is mostly negative.

I want to know whether it is possible to file EB3 case with same employer when EB2 PERM is pending BALCA appeal.

Thanks in advance.