EB2 Denied , EB3 Approved. What will be the PD

[jrsingh]

Hello Experts,
My employeer filed EB2 in oct 2007 (as i had MS degree with 3 yrs exp) and did not get any response from INS. So, He applied another labor on EB3 after a year (Dec 2008)and got approved. Now, On my I-140 the PD date is Dec2008. Since my first filling was done in 2007 , can i port the date ? Please help.

Thanks
Singh

[devenderthota]

No

You can use priority only after I-140 approval. As your EB2 doesnt have 140. you cant use that priority date.