I-140 EB2/EB3 question, Please guide

[javaxmlsoapdev]

I have two APPROVED labor certs. EB3 with PD of Nov-04 and EB2 with PD of Jan-06. Both are my original labors filed from the same company. With the movement of dates in latest bulletin, I want to apply for two I-140 for both labors and swap EB2 date with EB3 upon I-140 approval. Two questions;

1)Since both labors are from same company, can I swap priority dates?

2)If answer to 1st question is no then which one should I proceed with for filing I-140. EB3 or EB2? This is going to be a gamble with the fact of date movements in June bulletin. what's your best speculation and advise?

Your help would be appreciated.

 

[manwithnoname]

I have two APPROVED labor certs. EB3 with PD of Nov-04 and EB2 with PD of Jan-06. Both are my original labors filed from the same company. With the movement of dates in latest bulletin, I want to apply for two I-140 for both labors and swap EB2 date with EB3 upon I-140 approval. Two questions;

1)Since both labors are from same company, can I swap priority dates?

2)If answer to 1st question is no then which one should I proceed with for filing I-140. EB3 or EB2? This is going to be a gamble with the fact of date movements in June bulletin. what's your best speculation and advise?

Your help would be appreciated.

You should be able to proceed with option #1 as long as the second LC from your employer is for a different position. It is difficult to predict further movements in PD - this depends on the number of I-485 applications next month. Since EB3 movement is greater, I think, there will be more applications in this category. Just my thoughts, consult with your lawyer before proceeding.