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I have an approved I-140 with my previous employer. And my new employer is starting my perm process again.
I am aware of the fact that i would be able to use my PD from the approved I-140 with the new application.
But, my current employer will be filing my perm under EB3 instead of EB2. So even if i use the EB2 PD, I will still be pushed back in the waiting queue as i will be then unde EB3 queue.
When i mentioned this to the laywer, he said when filing for my new I-140, I would not only be able to use the PD from it but also will be able to use the category in which it was filed with. So that means i would still be able to file under EB2 instead of EB3 category.
I wanted to check with the experts here, if this is a true statement.