EB3->Eb2, Different Employers

dtang

New Member
I saw on the forum a lot of people discussing how to file a new EB2 application while retaining an early priority date in EB3. But most people doing so are working for the same company at the time of filing both.

I filed my EB3 (PD: 12/2002, Mainland China) when I worked for my previous employer. I filed I-485 in 06/2003 and then found a new job with my current employer. When filing my EB3, my lawyer went with EB3 even though I had a Master at the time, big mistake.

My current employer can sponsor me for a new EB2, but I was concerned about one thing. I am using an EAD from my current I-485 application. If I go through the PERM and get a new I-140 approved. Do I need to withdraw my current I-485 in order to file a new I-485 so that I can have the old priority date? If so, my current EAD will immediately become invalid and I will not be able to work until I have a new EAD from the new I-485 application, right?

Anyone has done this before? I was trying to talk with my lawyer but he did not even think the priority dates are retainable. And to be frankly, I do not want him to handle my cases any more. Could you point me to the right direction?

Thanks a lot in advance

David
 
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