My previous employer filed in EB2 with approved I140 priority is Sep 22 2012. New employer filed perm on Oct 22 2021 in EB3?
So can my new Employer file in EB2 as it is current now? can My new employer use Eb3 perm to file in concurrent to port my EB2 date as it is current? Here I am referring two different categories…
Can I ask my employer to file in concurrent as soon as my EB3 perm approved as my previous EB2 date is current?
Simple answer is NO. Your old employer can file AOS in EB2 but your new employer can only file in EB2 if they filed EB2 PERM. Looks like they filed PERM in EB3.
You can request your old employer to file AOS in EB2 if they still have the green card job that they offered you in past and willing to support your I-485 application.
Your EB2 PD can be ported to your EB3 I-140 however your employer cannot file concurrent I-140 & 485 unless your PD is current in EB3 final action chart as your PERM is filed in EB3 category.