Can the regular RIR labor still run while a PERM labor is freshly applied ?

sushanta

Registered Users (C)
Hi immigration gurus,

My company have applied for my labor last Dec in RIR - EB3, before the retrogression date stuff was announced. I had a masters + 7 years of experience even before joining this company.

I am following up with our lawyers if they can file another fresh labor application in PERM, this time in EB2. I understand that I will lose the priority date if I do so. But since I am in my 6th year of H1 at this moment, can the old labor application's PD be used for my 7th year extension ? Will they have to revoke the old EB3 application if they are filing for a fresh EB2 application for the same position ?

In other words, can the old EB3 application still run while I am filing another one afresh in EB2 ?

Tx,
Sushanta
 
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