Chat User : Thanks in advance! Can the priority date be transferred from an EB3 case to an EB2 case if the I-140 was approved under EB3?
Attorney Murthy : Yes, a PD from any earlier employment-based case is allowed to be transferred over to any other EB case in the future. So this is useful, but such a transfer of the PD is only possible after the I-140 petition has been approved in the earlier case, even if the employer later uses that earlier LC or revokes that I-140 petition for another employee when the employee leaves that employment! So it is useful to keep evidence of that earlier I-140 approval in your name to be able to request the transfer of the earlier PD for a future case!
http://murthy.com/chatlogs/ch100305_P.html
Attorney Murthy : Yes, a PD from any earlier employment-based case is allowed to be transferred over to any other EB case in the future. So this is useful, but such a transfer of the PD is only possible after the I-140 petition has been approved in the earlier case, even if the employer later uses that earlier LC or revokes that I-140 petition for another employee when the employee leaves that employment! So it is useful to keep evidence of that earlier I-140 approval in your name to be able to request the transfer of the earlier PD for a future case!
http://murthy.com/chatlogs/ch100305_P.html