Portability of PD across EB Categories

"(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien."

This regulation allows a person with a priority date under the EB-1, EB-2 or EB-3 categories to retain their priority even after they change employers as long as they obtain the approval of a new I-140, or in Mr. Kumar's case, the approval of a PERM application and an I-140 petition.

http://www.trackitt.com/discussion-forums/i485-1/34840839/