holding same priority dates as before

[eb3toeb2]

Hi,

My 140 is approved under EB3(Engineer position) and my priority date is May 2008. I recently got promoted to Manager and company is willing to file under Eb2.

1. When I apply for a new EB2 PERM can I still hold the same priority dates as May 2008?

2. Let say I get the EB2 PERM done and also the 140 approved and then I change my job to a new company before applying 485(assuming the new job qualifies for EB2). I understand that I have to re-apply the EB2 PERM and 140. Can I still hold the same priority date as May 2008?

Thanks for your reply.

[devenderthota]

Yes

You can always hold your previous I-140 PD (EB3). when you are applying for new I-140.

[eb3toeb2]

EB2 PERM audit

Hi,

I have an EB3 140 approved. I recently applied for EB2 PERM and the PERM went to audit stage and it's been 6 months without any update. In the meanwhile I have an offer from another company. My question is can I switch to this new company by doing an H1-B transfer. Is there any implication of my PERM being in audit. Can I apply Eb2 PERM again from new company.

Thanks

[VenkataQA]

Audit notice from the DOL for PERM application.

Hi Friends,

My Employer has filled GC under EB3. I have received an Audit notice from the DOL for PERM application. I don’t have exact reason but my employer says “This requires us to submit employer based documentary proof to the DOL. The Audit is a standard employer based query that DOL issues randomly at a 50% nationwide rate. It can take over 2 years for your case to be adjudicated by DOL once an audit is received.” and asked for ETA 9089 – page 8 & Affidavit – PERM Audit.

FYI, My employer & I have responded to query.

Here are my questions:

1)What could be the query about & how complex it is?
2)How long will it take to resolve?
3)How safe to switch my employer & start new GC?
4)Whatz the success rate in GC by considering above factor?

Please help me…