Can I port EB3-to-EB2 after EB2 is current ?

[shifali911]

Respected Forum Members,

Please advice me on my situation.

Category - EB3

PD - July 19, 2007 (concurrent filing in July 2007)

Current status - on EAD with new employer, left GC filing employer 2 years ago.

I don't want to leave my present job until 2013.

Questions:

1. Can I port to EB2 in 2013 with a new company and use my PD of July 19,2007 ?

2. Is there any time restriction on using old PD for a new GC application?

I hope I can file my GC in EB2 with a new employer in 2013.

Thank you all.

[pontevecchio]

1. You can retain the PD for any subsequent nI-140 irrespective of the EB classification.

2. No.

[Belle]

1. Yes.

2. Why would there be? PD not being current only means unavailability of the visa number.