EB3 to EB2 category

[sachisdis]

Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.

Thanks in advance!

[habeebulla]

You mean "ready to start" is to start EB2 PERM, correct?

I am also in the same situation. My EB3 PD is Dec 19, 2007. The employer decided to upgrade my case to EB2 based on my MBA obtained in 2009.
However, when my EB2 LC has a later PD (Dec 2010). My attorney said that is usual and in the I-140 application he added the following paragraph in bold/upper case letters. This is still pending. Hope everything will be fine at the end.


WE ALSO ENCLOSE A PHOTOCOPY OF THE NOTICE OF APPROVAL OF THE PREVIOUSLY APPROVED EB3 PETITION WITH A PRIORITY DATE OF DECEMBER 19, 2007. WE, THEREFORE, ASK THAT THE PETITION BE APPROVED IN THE EMPLOYMENT SECOND CATEGORY BASED ON THE REQUIREMENT FOR AN MBA AND THAT THE OLD PRIORITY DATE OF DECEMBER 19, 2007 BE RECAPTURED PURSUANT TO 8 C.F.R. 204.5(e) WHERE IN A PETITION APPROVED ON BEHALF OF AN ALIEN UNDER SECTION 203(b)(3) ACCORDS THE ALIEN THE PRIORITY DATE OF THE APPROVED PETITION FOR ANY SUBSEQUENTLY FILED PETITION FOR ANY CLASSIFICATION UNDER SECTION 203(b)(2). PURSUANT TO THIS REGULATION THE ALIEN IS ENTITED TO THE EARLIEST PRIORITY DATE.

[habeebulla]

Also, Since the I-140 application is for a specific employee, I think if the EB2 I-140 is approved, the EB3 will automatically cancelled.