raaj.chicago Posted November 28, 2011 Report Share Posted November 28, 2011 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? SUMMARY: OLD EMPLOYER: Labor "Substitution" Labor Priority Date 01/05/2001 EB Category "EB3" I-140 Rejected for Ability-to-Pay I-1290B PENDING CURRENT EMPLOYER: Labor "Self" Labor Priority Date 08/08/2010 EB Category "EB2" (Masters) I-140 Approved Link to comment
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