Resume GC Process - from older employer?

[nani1016]

Hi,

Wondering if I can go-back to my older employer and resume my GC process... here's my case background.

In Oct'07, I got employment from my previous employer(lets a "A") .

In Sept'08, I started my GC process(priority date- Sept'08), and unfortunately there was an RFI on my labor application requesting more information from my employer A. My employer provided all the information requested but the application status was stuck under "pending" for almost 20 months(May'10).

In May'10, I was laid-off from company "A" as a cost cutting measure and I got a new job in company "B" and has re-started my GC process as I did not have an I-140 (& Labor still pending) and obviously couldn't port my priority date.

In Nov'10, I verified the status of Labor application with my previous attorney and was informed that the labor was indeed approved.

Now, I got a call from my older employer to see if I can join them back...

....and the question is, if I go back to my older employer, will I be able to basically pickup where I left off i.e. go back to my older employer and re-start my GC process using Sept'08 priority date?

Thanks!

[Attorney_22]

It is possible, but only if the Labor was filed with an I-140 petition within the validity period of the Labor. It is advisable to confirm this then speak directly with a qualified U.S. immigration attorney.

[nani1016]

In my case, since I was laid-off and wasn't with the company when the labor was finally approved; I-140 was not filed within the validity period (6 months I think,correct?)...

-- so does this mean that I cannot resume the GC process using my old labor priority date even I go back to my older employer?