EB3 Retrogressed. Can I file a new EB2 petition and retain my EB3 priority date?
Tranfering priority date from EB3 to EB2.
Yes, if you have qualification for a new EB2 petition, you may transfer your priority date from your approved EB3 I-140 petition to an new I-140 petition. So, you will have an earlier priority date for your new I-0140 Eb2 petition and you may adjust your status under EB3 or EB2.
USCIS memo also states the following sceneriao:
Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
Read page 28 of this USCIS memo.
If I have filed my I-485 already, how I can update my I-485 pettition with new EB2 petition?
USCIS allow interfiling of new or subsequesnt I-140 petition in the pending I-485 petition. Please see the USCIS interfiling memo.