EB3 to EB2 conversion

[krish_v]

The company I am working for is prepared to file my labor certification in EB3 but not EB2 even though I have a masters. I am planning to get the labor certification and i140 done so I can retain an earlier priority date. I may shift to another company that can do my labor in EB2 few years down the line. Would there be any complication involved in this esp. with regards to priority date retaining. Please also advise on other things I need to watch out for. 

[pontevecchio]

PERM is not filed in any such classification. The classification is at the time of I140 approval depending on job requirements.

[Attorney_15]

A priority date can transfer between I-140s. It is important to note that under the law if an I-140 is revoked by the employer's withdrawal, the transfer of the priority date to another I-140 is somewhat discretionary since the ability to transfer it post-any revocation derives from agency guidance.

[gcib]

Hi, I have 8 years of IT experience and B.Tech (4 years). My previous company filed my GC in EB3 (PD : July 2011) and my I-140 got approved. I join a new company on April 2013. I have just completed my MBA (PGDBA) on July 2013. Will I be eligible for EB2 category by my current company ?