Is EB3 to EB2 Change Possible with new employer, Pros and Cons

[cvpk]

After looking at April Visa bulletin, looks like EB3 wont move fast enough and it will stuck some where in April 2001.

I am exploring following options, please share if you have any exposure.

What if a person is out of job while on EAD (2 times renewed, filed under EB3) and finds a new job, Can the new employer file new labor & I-140 under EB2 category?

1) What happens if either labor or I-140 is rejected which the new employer files? Is the old EAD ( under EB3) still valid and can the job be continued?

2) What are the prerequisits to file new labor & I-140 under EB2 while on EAD (filed under EB3).

3) Can the new employer apply for an amendment with DOL to change labor from EB3 to EB2( I am not sure how it works, i noticed in some forums)

 

[TheRealCanadian]

What if a person is out of job while on EAD (2 times renewed, filed under EB3) and finds a new job, Can the new employer file new labor & I-140 under EB2 category?

Yes.

1) What happens if either labor or I-140 is rejected which the new employer files? Is the old EAD ( under EB3) still valid and can the job be continued?

Yes. The two are totally separate proceedings.

3) Can the new employer apply for an amendment with DOL to change labor from EB3 to EB2( I am not sure how it works, i noticed in some forums)

No. The new employer is not a party to the original LC.