EB3 to EB2

[Ammu82]

My employer has applied for my GC in 2008 in EB3 category. I was with them until October 2010. My labor and I140 are approved. Due to some reasons I had to move out of US in October.

I am planning to come back to US. This time I want to come through a new employer as I want to move to EB2 category. I know that the priority date can be ported from EB3 to EB2.

In this scenarion, I have the below questions:

1. Can I anticipate any issues from my past employer?
2. Due to some reason, if I am not in US at the time when EB2 becomes current for my filing date, can I apply once I am in US?

Thanks in advance!!!

[immihelp]

1. No.
2. In that case, you should go through consular processing, get immigrant visa and travel to the U.S.