Porting EB2 to EB3(from another company)

tangjc

Registered Users (C)
Hi,

I saw many people asked about this,but still want to reiterate my cases for suggestions. Since everybody's case is a little different.:)

I am currently on EB3, P date Dec 2002, I-140 approved. I am already working in a different company for 2 years, I should qualify for EB2. I used AC21 but also applied H1B in my new company.

My attroney seems don't know about EB2 to EB3 porting rules. She just said I cannot keep my P date.

Is there any memo or document form INS that I can show my attorney?

Any risk(or risky period) in this, once start applying PERM, is my old I-485 still valid?

Thank you in advance!
 
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