View Full Version : Substitution Labor-Priority Date Porting

11-28-2011, 04:50 PM
My situation:

2007-2009: Employer A, Substitution Labor, EB3, i290B pending, PD: 01/05/2001

July 2007, I used a substitution labor to file my i140.
October 2008, my i140 was rejected for A2P (no RFE given - direct rejection)
November 2008, I appealed the rejection with MTR (i290B)
November 2011, MTR(i290B) still pending.

2010-Current: Employer B, New Labor, EB2, Approved i140, PD: 08/08/2010

July 2010, I changed employer and applied for a new labor and new i140 (EB2) - now they are approved.
October 2011, EB2 labor and i140 approved. Waiting for PD to be current.

My question is:

If my MTR for EB3 i140 (old employer, EB3, substitution) gets approved:

1. Can I port the date to my new GC (EB2) petition?
2. Will the fact that itís a substitution labor make any difference?
3. Can I apply i485 directly with my old employer even though i will not work with him in future.