Priority date carry over after I140

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My case is that, I have my EB3 LC/I140 approved with priority date in March 2004 in my current company. However I am thinking to file a new EB2 LC since EB2 has a more recent cutoff date.

I learned that if I file a new PERM EB2 LC with my current employer, my priority date of the approved EB3 LC/I140 will get retained. Is this true?

I also learned that if I change to a new employer, and that new employer file a PERM EB3 for me, my priority date (March 2004) will get retained.

My question is, if I change to a new employer and file EB2 PERM, will my current priority date(March 2004) be kept? I have asked my lawyer the above question and his answer is "no". From the information I got so far I felt my lawyer didn't answer correctly. I thought some people here are more experienced and would like to hear from you. Thanks!

 

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My question is, if I change to a new employer and file EB2 PERM, will my current priority date(March 2004) be kept? I have asked my lawyer the above question and his answer is "no". From the information I got so far I felt my lawyer didn't answer correctly. I thought some people here are more experienced and would like to hear from you. Thanks!

Yes, you can you retain ur priority date. But however discuss with a GOOD LAWYER about the risk involved if I 140 is revoked by the previous employer.

 

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found the law however how to understand it?

Yes, you can you retain ur priority date. But however discuss with a GOOD LAWYER about the risk involved if I 140 is revoked by the previous employer.

Thanks so much. I am reading uscis.gov (sorry for the long message):

(the following is coming from the link below)
http://www.uscis.gov/lpbin/lpext.dl...mplates&fn=document-frame.htm#slb-8cfrsec2045

Sec. 204.5 Petitions for employment-based immigrants.
(e) Retention of section 203(b)(1), (2), or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.


The
Sec. 205. [8 U.S.C. 1155] The Secretary of Homeland Security 1/ may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Such revocation shall be effective as of the date of approval of any such petition.


So, if the previous employer files an application to revoke the I140, the Secretary of Homeland Security will deem this to be good and sufficient cause?

Hope most of the employers will not do that.

It is still not clearly stating that different category PD can be entitled to a different category. The key is that does PD belong to category? The word "multiple petitions" is ambiguous here. It can mean multiple same category petitions(such as 2 EB3 petitions), and it can also mean multiple different category petitions(such as 1 EB3 and 1 EB2). My English is poor so that can some one tell me how do you interprete this?

Thanks in advance.