EB3/I-140 approved. New PERM filed in EB2 category..

[gchntl]

Hi,

My company earlier filed for the GC under EB2 category and PERM & I-140 got approved last year. As there is not much progress in EB3 category, they are planning to file new PERM under EB2. If my new PERM gets cleared, do my company have to file I-140 again under EB2 category or can they use earlier approved I-140 and directly file for adjustment of status whenever priority date becomes current.

Your response is highly appreciated.

Thanks

[m_user]

I think once you start the new application process all you can use is your last priority date. it doesn't use your previous application status/documents. But I am very sure you can use your previous Priority date.

Check with your lawyer though.

- M