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Transferring EB3 PD to EB2 for Same employer

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  • Transferring EB3 PD to EB2 for Same employer

    EB3->EB2 priority date transfer:

    Currently I have my EB3 with priority date of 2003 LCA and its corresponding I-140 approved. I would like to know

    1) whether it would be possible to file EB2 PERM LCA followed by EB2-140 with MS + 1 year/0 year experience for a more senior position (ie Senior Programmer Analyst) with the SAME EMPLOYER and have the OLD PRIORITY DATE OF JULY 2003 TRANSFERRED to the new EB2 I-140? What is the CRITERIA for doing it and what CASES are not possible. If possible can you describe HOW could it be done (ie what PERM job position, job requirement qualifies for EB2 and its advertisement details and when and how is the priority date transferred to the new EB2 1-140).
    2) I also heard that for a given employer/employee with approved EB3
    I-140, the SAME EMPLOYER CAN'T refile for EB2 PERM LC to RETAIN THE
    OLD PD(of EB3), followed by EB2-I-140 since refiling(to retain the old
    PD of EB3) is possible for the same employer/employee only if the job
    description, employer, job location, alien job title, job requirements
    REMAIN the same. Hence then it would mean again I could only refile
    EB3. Is that TRUE? Can you please point me to the LEGISLATIVE article
    if possible?