Here is my situation:
2007-2009: Employer A, Substitution Labor, EB3, i290B pending, PD: 01/05/2001
In July 2007, I used a substitution labor to file my i140.
In October 2008, my i140 was rejected for A2P (no RFE given - direct rejection)
In November 2008, I appealed the rejection with MTR (i290B)
November 2011, MTR(i290B) still pending.
2010-Current: Employer B, New Labor, EB2, Approved i140, PD: 08/08/2010
In July 2010, I changed employer and applied for a new labor and new i140 (EB2) - now they are approved.
My question is:
If my MTR for EB3 i140 (old employer, EB3, substitution) gets approved:
1. Can I port the date to my new GC (EB2) petition?
2. Will the fact that it’s a substitution labor make any difference?
3. Can I apply i485 directly with my old employer even though i will not work with him in future.
4. How else can I make use of i290B approval?
Labor "Substitution" Labor
Priority Date 01/05/2001
EB Category "EB3"
I-140 Rejected for Ability-to-Pay
Labor "Self" Labor
Priority Date 08/08/2010
EB Category "EB2" (Masters)