Can we port PD of EB3-labor substituted 140 to new EB2?

[paul4gc]

Hi,

My labor substitued 140 (EB3) was approved with PD of 2004, and filed 485 in Jul'07.

Now I want to file new labor in EB2 category and port the PD of 2004 to new 140.

Is it possible? what could be the issues?


Thanks in advance.

[txh1b]

It is possible to do that and I don't see any issues. oNce the new EB2 I140 is approved, you can interfile that with the pending 485 and port to that PD.

I see that you are cutting in the queue, but that s how immigration works :-)

Good Luck!

[paul4gc]

thank you txh1b.

Earlier Labor was not mine, I was substituted and got the 140 approval. I am a bit concerned whether new labor filing in EB2 will be smooth or not.

[txh1b]

No one can tell how the EB2 labor will go. Mine got approved in a week and my colleague had to wait 6 months. It depends on the position, salary, experience and the ads, resumes recieved, recruitment process by the company etc.

Above all, you have nothing to lose as it is not your lifeline as you have another labor.