PD Current -Previous 140 approved, promoted in June and new Labor certification not started

[Oct2008PD]

Hi, I am looking for any guidance for my EB2 case.- fact situation presented below

1. My priority date is Mid 2008 so close to becoming current over the next 2 months

2. I was promoted in June 2010 so my new labor certification process just started and is expected to take 6 months.

3. I have an approved 140 from my previous role on the exact same team. The position was similar to my current role but did not involve supervisory responsibilities- my current role involves supervisory responsibility so my lawyer had filed a new H1B application for the new role.

So, I am basically stuck, unable to apply for my 485 and am worried that the category will retrogress before I have approval of my Labor certification.

Does anyone have experience with a similar situation? I would appreciate any feedback

thank you

[Belle]

I would recommend to relax. It is not very likely that the dates will significatly retrogress. It is better to apply with correct LC then to get in trouble with a different potition. Once the LC is approved, you should be able to file concurrently. Unless you have an absolutely urgent family situation (like, if your child is aging out), six months is not going to make a huge difference in your life.