Can use labor which has I-140 approved?

R

Rajeev Seth

Registered Users (C)
If person A applied for I-140 using his labor and then I-140 gets approved and then the person A left the company, can person B use that labor to file a new I-140 application? Please reply.

Thank you
 
Rajeev Seth said:
If person A applied for I-140 using his labor and then I-140 gets approved and then the person A left the company, can person B use that labor to file a new I-140 application? Please reply.

Thank you
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Yes...but it is a bit grey area. If person A already has 485 filed for, before moving and he/she covered under AC21 provisions then you are in a kinda race condition. It would matter whose 485 gets approved first. The other person's 485 then gets into trouble...There could be a situation where two (or more) persons are using same labor for AOS.
 
Hi,

Im my situation, person A has not filed 485 due to retrogession. In this case how can company use that labor again? Does it need to revoke that approved I-140 first before that labor can be used again. If yes, how long the revokation process take? Or we dont need to wait for that and we can use that labor once the papers for revoking earlier I-140 is filed with INS? Please explain the process.
 
My guess is - your employer needs to send a request to Withdraw the previously approved 140 and then they can apply for your 140 on the same labor. I do not think they have to wait on anything. But this is only my guess :o

However there might be an issue with PD when they substitute the labor for you. You may not get the original PD. You may get your PD based on when new I140 is approved. Again I am not too sure about this.

Any one else?
 
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