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Priority Date porting - Substitution Labor

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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)

I-140 Approved

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