EB3 with company X can I apply for a new EB2 Perm with company Y?

[ak_gc]

Hello Guys,

Thanks for reading my query. I would be thankful if any one can provide there 2 cent on my query.

PD - oct 2009

Category -EB3 (India)

Spouse (Country of Birth) - UAE.

My GC was filled with one of the reupted company but unfortunaltey the job requirment was only Bachelor's and no Master's.

Labor got aaproved in June 2011 after a RFE and I-140 applied on 20th sept.

Presently EB3 India PD is June 2002.

EB3 Other countries is Dec 2005.

I have an option of using my wife's PD by Cross Chargeability option. Still we are talking of another 3 to 4 years of time for getting the PD of oct 2009 for other countires.

I do not have an option of porting to EB3 to EB2 in my present company.

==> I was wondering if I can apply for a new PERM with EB2 category from a new Y company by still working for my present X company?

==> If i can do so, I believe I also need to apply for a new H1B with the new Y company?

Sorry if these are dumb questions but it's grey area for me.

Thanks in advance.

[aboppana]

1. yes

2. no, you only need H1B when you start working for new company.