Porting date old labor to new Perm processing

[nyc_dude]

Well, I have labor under EB3 dated Nov'2004, old processing from ex-employer, and Perm processing Labor under EB2 and I140 dated 2008 from current employer, is there a way to port date(Nov2004 Ex employer to 2008LC/EB2)

Thanks
Nyc_dude.

[txh1b]

The labor could have been ported at the time of I140 approval. As it was not done, your attorney should write to USCIS to port it now or can apply for 485 when the PD is current as per the old labor date for the EB2 category and send the 485 with a letter mentioning the old PD, proof of olf PD etc.

If you already have a 485 pending, the lawyer has to write for getting the porting done.

[DMX17]

Well, I have labor under EB3 dated Nov'2004, old processing from ex-employer.

Was the I-140 approved from old employer? AFAIK, this has to be the case for porting PD.

[nyc_dude]

Nope, my previous employer is past with EB3, labor dated Nov 2004, and am currently with new employer since Jan 2007 and have labor on EB2 and I140, with 2008 dates. So is there a possibility to port dates? Am trying to get some advantage with priority dates.

Thanks for your replies.
Nyc_dude

[txh1b]

If the labor has expired without a 140 being filed, I don't think it is possible.