Can I use Priority date (PBEC stuck EB3) for the GC process (PERM,EB2)?

[bharatpremi]

Gurus,

Currently I am employed by Company A which filed my GC application under EB3 with PD of June,2003 and still stuck in PBEC mess. Company B (Future Employer) filed my PERM in April 2006 which is approved (Personally do not have a proof. Lawyer called me and told me about the approval.). I -140 was also filed and approved very recently(August 2006).

Now my question is as under.

Can I use my priority date of earlier application (EB3, PD: June 2003) for this new EB2 application (PD: April 2006) while filing 485?

Thanks in advance for your help.

- Bharat Premi

 

[royl66]

Diff. employer, diff. EB category --> No you can't !

 

[EricS]

IMO, to transfer the PD, both the LCs should have approved 140s. As your BEC LC is not approved yet and hence no 140 for that LC, you cannot transfer the PD.