EB2 is current, Labor is on audit and H1 is expiring

[swathir]

Hi,

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 Feb 13, 2012, labor application did not get approved.
5. My PD is going to be current on EB2 but labor did not get the approved.
6. Going to file another labor thru defferent employer on this week Feb 13 2012.
7. Once labor is approved from the new employer, I am planning to file I -140 on premium.

Question:
Once labor and I-140 is approved from the new employer and if the old labor did not get approved, can I port the old labor PD to file for EAD from new employer. Do you think old labor should be approved to port the PD while filing for EAD with new employer? Please let me know.

[bandoayan]

Originally Posted by swathir

Hi,

Question:
Once labor and I-140 is approved from the new employer and if the old labor did not get approved, can I port the old labor PD to file for EAD from new employer. Do you think old labor should be approved to port the PD while filing for EAD with new employer? Please let me know.

You can port your priority date only if you have approved I140.