retaining I-140 priority date

[gc4adesi]

I have an approved I-140 filed under section Skilled Worker or Professional Sec. 203(b) (3) (A) (i) or (ii) from my previous company with a priority date of May 2000. I am now filing for an I-140 with my new company. Will I be able to retain the priority date of my previous approved I-140 application ?

My job duties are still the same. However, the previous company required a BS at minimum and the new company required MS. I also believe the section may have changed to 203(b) (2) (A) at my new company.

Thanks in advance.

 

[gc4adesi]

Yes you can

I found a transcript of a chat on murthy.com.

http://www.murthy.com/chat0103.html

Quoting from the chat;

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nir : I have EB3 I140 approved from company A. If I switch to company B can I use the EB3 priority date to apply in EB2 in company B. Even if company A refuses to transfer I140?

SPEAKER_Attorney_Murthy : NO problem to use the PD based on a prior approved I-140 Petition from EB3 case to an EB2 today.

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