Possibilty of filing I-485 based on PD of denied labor while fresh labor is approved

[gcseeker107]

My Country of Birth is India.

I have following points and concerns:

1. The priority date for EB2 in Nov 2011 Visa Bulletin is 1 Nov 2007. My original Labor was filed in Oct, 2007 that was denied in 2009 due to attorney's mistake(lack of recruiment efforts).

2. Fresh labor was filed in Nov 2010 and which was approved. I140 is also approved for the same.

3. I would have been eligible for filing I-485 if my place of birth would have been any country except India/China OR my first labor would have been approved.

4. Both Oct 2007 and Nov 2010 labors were filed by the same employer and same benificary for similar position.

5. Is it possible for us to file I485 right now and use 2007 PD? I believe it is matter of the fact whether USCIS is ready to accept my application. Can anyone comment?

[Belle]

That application was DENIED. It was not properly filed, and was not approvable. That's all you need to know.