EB3 to EB2 - Filing Labor in EB2 w/out changing current employer

[gdk]

Hello all:

Facts: EB3/PD July2007/India/485 filed in July 2007.

Is this scenario possible ?

1. I stay employed with the same company (current employer) - (this company refuses to file a new Labor under EB2).

2. I approach another company (future employer) who is willing to file my Labor/I-140 in EB2 category but do not actually join this company. I stay with my current employer. There would be some kind of mutual agreement that as soon as GC is approved, I will change employers And also I will pick up the costs of new labor/1-140 for EB2. (and probably get re-imbursed on joining them in future).

Because the labor or -140 is based on future job offer, I am guessing I should be able to do this.

3. After the Labor and I-140 is approved and the date is ported and GC issued; I would switch to this new company.

Questions:

1. Is the above possible?

2. Do I need to inform my first employer (who will remain my current employer) of the above steps I am taking?

Thank You All