PERM EB2 labor vs pre-approved EB3

uts2004

Registered Users (C)
Hi,

My cousin's PERM EB2 labor application has been pending with DOL (Atlanta) since the past 4 and half months. His employer has offered to file for I-140 using a pre-approved EB3 labor with PD in Apr 2004. His employer has also offered to file for another I-140 (if needed) when his PERM EB2 labor approval comes through. His employer is paying for his GC.

1> Should he go for I-140 using the pre-approved EB3 labor or wait for his EB2 labor approval? Which is a better option?

2> Is it possible for the same employer to file for I-140 using an EB3 labor and then file for another I-140 for the same employee using an EB2 labor while the first I-140 application is still pending?

3> Incase he files for I-140 with the EB3 labor and it gets approved and then if his employer files for another I-140 with EB2 labor (provided his PERM EB2 labor is approved), is it possible to retain the old Priority Date of the EB3 labor?

Advice needed from forum members.
 
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