Sequence of events:
1. I file labor in EB2 in 2001
2. While I am waiting for the labor clearance, I get promoted and hence become eligible for EB1 in 2004
3. I file EB1 in 2005
4. I get I-140 for the EB1 category while my EB2 LC application is still waiting
5. My EB2 labor gets cleared
6. My EB2 I-140 gets approved.
I know for a fact that if 6 happened before 4, I could transfer by priority date to 2001 under EB1.
But can I do the same here considering 6 happened after 4?
1. I file labor in EB2 in 2001
2. While I am waiting for the labor clearance, I get promoted and hence become eligible for EB1 in 2004
3. I file EB1 in 2005
4. I get I-140 for the EB1 category while my EB2 LC application is still waiting
5. My EB2 labor gets cleared
6. My EB2 I-140 gets approved.
I know for a fact that if 6 happened before 4, I could transfer by priority date to 2001 under EB1.
But can I do the same here considering 6 happened after 4?