Illustrator or Photoshop??
I might not understand the question – but,
Ctrl+J in Photoshop – add shift to cut/paste to a new layer above.
In AI – select the element and drag the lil right-side colored box on its layer to a new layer. This transfers it to the new layer without moving it.
There’s lots of ways of doing this – does that help?
Cheers,
// jayse
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by jayse!