Switching EB3 to EB2

buster123

New Member
Hi all,
I have an approved I-140 and my GC was filed in EB3 category(PD Jan 1, 2003). Due to retrogation for India I cannot apply for I-485. I have a bachelors degree with 14 years of experience and just got an MBA .
My LC was filed based on Bachelors drgree and 3 years experience requirement. Is it possible to switch to EB2 category and still retain my PD?
My company attorney says that it is not possible as LC was filed for a job requirement of Bachelors degree and 3 years experience.

Please advise.

Thanks.
 
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