Approved Labor and 140 in EB3 .What are the options?

[RMGaneshKrishna]

Hello ppl ,I have a case that I need some opinion on just to weigh available options.company A applied labor and 140 erroneously in EB3 with Jan 2009 PD.

It was always meant to be ported to EB2 (15 years exp . and decent salary ) but they don't seem to be very responsive to it .Don't want to miss the bus again if the dates start moving (couldn't use it last year ) .

What are the options available ,if another company say B is engaged to file labor and 140 does it have to start afresh ?or it can use the earlier PD through AC 21 .is it necessary to get onto their payrolls in that case ?i am sorry in advance if this has been asked earlier and would really appreciate constructive inputs.

[Belle]

If you don't try to spell and express yourself in a gramatically acceptable way, it's really hard to read and understand what you need. You might consider doing us a favor...

[pontevecchio]

A company does not dictate EB2/EB3. The job requirements do and the decision is after the I-140 is filed. In your case in the absence of fraud your PD is available for a future filing by any company in any EB classification.

[Attorney_25]

Moving to a new employer before an I-485 has been filed, and generally also pending 180 days, requires a new labor certification and I-140 with the new employer. If there is a prior approved I-140, the priority date generally can be retained, unless there was a revocation for cause. This has nothing to do with AC21.

[RMGaneshKrishna]

Thanks pontevecchio and Attorney_25.Is it possible to file labor and 140 with a new company without getting on to their payrolls for now(considering GC is an intent to employ in future) ?From what I hear around me ,its not doable because USCIS throws too many queries in such cases.What I mean is ,can i file a fresh labor and 140 in EB2 without changing my employer for now?