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Labor on audit, 7th year on H1, EB2 going to be current
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.
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.
my thoughts inline.
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