Using Employment based PD for Family based immigration.

[texancanadian]

Using Employment based PD for Family based immigration.

I know this might be a weird question, but is there a way I can use my August 2001 EB3 Employment based PD and use the PD for family based F3 category application ?

I have been stuck in my GC process as I cant file my 485 due to retrogression. My I 140 has been approved. However my parents will soon be US Citizens and can apply for me in F3 category (married children of US Citizen). I was thinking if there is any way I can port my PD of August 2001 to F3 category. I know we can port PD if moving to another company after I 140 is approved.

Would appreciate any guidance.
Thanks

 

[Dallas03096]

PD transfer not possible between different categories (EB vs. FB)

According to my attorney, transfer of PD is not possible between two different categories.
He interpreted this rule conservatively to say PD transfer is not possible even within EB category between EB3 and EB2. However there were enough interpretations in this forum to say that this rule was meant for transfer between employment based and family based and all employment based cases will be treated as the same EB category.