EB3 from Previous Emp, Can new Emp apply for EB2

[VisitF1]

Hi,

If your GC is pending under EB3 category, applied by your previous employee (approved I-140 6 months back), can you apply for EB2 with your current Employee ?

If yes then do you have to be on H1-B of new Employee or even with EAD you can apply for EB2?

And what would be the priority date?

Thanks in advance.

[knowledgeable]

Yes ...

... it'll still be tricky.

It'll be a fresh new application.

Good luck with that.

[VisitF1]

So H1-B of new Employer would be required or the employee's EAD itself will suffice?

[knowledgeable]

If you want to be safe ...

... and still keep your H1B, just in case, then you need the H1B for the new employer.

If you are sure of your GC process then use the EAD.

Good luck.