Can I use 1 year -old LC?

S

shuurik

Registered Users (C)
My Labor Certification was approved in Aug 06. I changed employers since then so I never used it and I am starting the process all over again. From the job description and requirements it seems it can be portable to my new position.

I am trying to figure out if my previous employer still can apply for I-140 after 1 year of LC approval. Then my new employer could use it (if approved) to transfer.

I have seen the latest bulletin and the PD date for All-Areas is 2002. My previous LC was filed in 03, while my new one has not even been filed yet.
Somewhere I saw the LC doesn't have expiration date, and somewhere else I read you have only 6 months to apply.

Thanks, in advance!
 
I am sorry to say but 140 must be filed within 180 days of LC approval according to new guidelines .



shuurik said:
My Labor Certification was approved in Aug 06. I
changed employers since then so I never used it and I am starting the process all over again. From the job description and requirements it seems it can be portable to my new position.

I am trying to figure out if my previous employer still can apply for I-140 after 1 year of LC approval. Then my new employer could use it (if approved) to transfer.

I have seen the latest bulletin and the PD date for All-Areas is 2002. My previous LC was filed in 03, while my new one has not even been filed yet.
Somewhere I saw the LC doesn't have expiration date, and somewhere else I read you have only 6 months to apply.

Thanks, in advance!
Click to expand...
 
Thanks for the reply

Bummer... I was told the EB3 and EB2 will have appx the same wait time, and after the Sept bulletin I am pulling my hair out, because the attorney my employer hired has refused to file as EB2 (while the employer said they do require Masters Degree) to be on safer side.

The wait time difference b/w EB2 and EB3 is almost 5 years! And I have MBA with 6 years of direct experience. I gues it's my luck... My 4-year old application that went through the Backlog reduction center for 3 years, was just useless, since I changed jobs and my new position couldn't use it.

Thanks for prompt reply!
 
Last edited by a moderator:
That 180 day rule applies starting July 2007 for LCs approved before July 2007. For LCs approved after July you have about a month to file the 140, otherwise it expires.

Please contact your attorney to check and file I-140.
 
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