Labor on audit, 7th year on H1, EB2 going to be current

[swathir]

Here is my case:

1. Labor applied on EB2 on May 31, 2010 which was picked for audit on July 21, 2010.
2. Completed 6 years on my H1 by July 1, 2011.
3. Got H1 approval for 1 year on pending labor approval. So it is valid till July 2012.
4. As of Jan 25, 2012, labor application did not get approved.
5. As the dates are going to be current (currently running Jan 2010) on EB2 and did not get the approval for labor itself.


QUESTIONS

1. Is it possible to file another labor from the same employer and port the priority date once 140 is approved? If so, what are the reasons I can say.
2. As I am in 7th year of my H1, what is the risk in transfering my H1 to another company and file another labor with him.
3. Will it be good to file another labor first for future employment and move to him after 140 is approved?
4. Will it be good if I just sit and wait till I get the labor approval?

Please let me know your advice on my situation so that I will not miss the current dates on EB2.

[sac-r-ten]

my thoughts inline.

Here is my case:

1. Labor applied on EB2 on May 31, 2010 which was picked for audit on July 21, 2010.
2. Completed 6 years on my H1 by July 1, 2011.
3. Got H1 approval for 1 year on pending labor approval. So it is valid till July 2012.
4. As of Jan 25, 2012, labor application did not get approved.
5. As the dates are going to be current (currently running Jan 2010) on EB2 and did not get the approval for labor itself.


QUESTIONS

1. Is it possible to file another labor from the same employer and port the priority date once 140 is approved? If so, what are the reasons I can say.
- its going to be difficult if the preference is same i.e Eb2. if they can show the changes in responsilities more than 50% and lower the criteria, then you can file in Eb3.
2. As I am in 7th year of my H1, what is the risk in transfering my H1 to another company and file another labor with him.
- that is an option. there is always a risk in this since you never know if the other labor/i140 goes thru. if not then you loose your current labor if revoked by previous employer
3. Will it be good to file another labor first for future employment and move to him after 140 is approved?
- i had asked this to an attorney and she said you can try but there are chances of RFE on ability to pay in such case where candidate in on rolls with the petitioner. but you can try.
4. Will it be good if I just sit and wait till I get the labor approval?
- this is tricky. you never know if they reject and then you are left with just few months on the h1 to file a new labor and get i140 cleared in that timeperiod

Please let me know your advice on my situation so that I will not miss the current dates on EB2.


good luck.