Approved LC

[ssinha123]

I need suggation ...

I have applied labor through company A. After working more then a year with them (2002 Jan to Mar 2003) I went to India. Becuase of some of my personal problem I could not come back to US. I started working at India for a year (April 2003 to June 2004)

I got new H1B visa from a different company B. I came to US. I talked to my old company A. They still have my approved labor.

I would like to know if I join Company A again. Can I use my labor.

During filing my I-140, will it create problem becuase I have worked only 3 month in year 2003. So I have W2 for only three months.

 

[will_get_there]

You can use it...

Labor approval is valid for ever. If that company allows you to use it, go ahead. GC is for future job so whether you are employed with them or not rightnow doesn't matter.

Since you were in India during that time, your W2 looks Ok. It could have been otherwise if you were here all the time and w2 shows only 3 months.

What really matters is your company's ability to pay. They will see that from the date the labor was filed. If your company was in loss during anytime between the date labor was filed and today it can generate some nasty RFEs. Otherwise should should be all OK. Talk to the lawyer and clarify everything before you join that company.

will_get_there