EB3 - I-140 Approved. Changing job and refile under EB2

amitkr20

Registered Users (C)
I have an approved I-140 for EB3 with PD of May-2004. I cannot file for I-485 because of retrogression. And I don't see the situation improving. My 3-yr H1B extension was also approved. Here is the question:

Can I join another company, transfer my H1B and refile under EB2 (BS + 5 years). My understanding is that I can use my old priority date when filing for I-140 with the new company. Is it safe to do that? What are the risks involved?

I will appreciate your input.

Thanks,
Rateram
 
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