Filed Labor on 2001

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GhantaBro

Registered Users (C)
Hi Guys:

I am in such a limboo. I had applied from an Indian restaurant in March 2001, and I did get my labor certificate, but my 485 was denied as the owner was not able to show enough profit in his restaurant. The restaurant is closed now. I am about to start a job in a new restaurant so that I can get sponsored. I talked with couple of lawyers and they said since you have labor certificate earlier, I should be able to apply for Green Card through a restaurant or any place where I am eligible. I have a decent job in Computer field, but I want to quit that and work in the restaurant so that I can be sponsored. The owner is willing to sponsor me.

Could you please advice me if I am eligible and how tough is it? Is it going to be a problem due to my old petition or the job I am working now? Thanks in advance for your assistance.
 
Was your I-140 approved. It is filed after Labor certification and could have been in parallel with 485. This is something your earlier employer would have filed on your behalf. If your I-140 was filed then you can claim a lock on Priority Date of 2001 . You can then start the process again with a new employer in a similar field and then apply for a new labor (PERM) which is much faster and then 140 and 485.

So the key to this is I-140. check with your old employer or old lawyer and get orginal or copy.

Again I am not a lawyer and each case is different. What I tell you is based on experience and my reading of messages on this board.

Good Luck.

GhantaBro said:
Hi Guys:

I am in such a limboo. I had applied from an Indian restaurant in March 2001, and I did get my labor certificate, but my 485 was denied as the owner was not able to show enough profit in his restaurant. The restaurant is closed now. I am about to start a job in a new restaurant so that I can get sponsored. I talked with couple of lawyers and they said since you have labor certificate earlier, I should be able to apply for Green Card through a restaurant or any place where I am eligible. I have a decent job in Computer field, but I want to quit that and work in the restaurant so that I can be sponsored. The owner is willing to sponsor me.

Could you please advice me if I am eligible and how tough is it? Is it going to be a problem due to my old petition or the job I am working now? Thanks in advance for your assistance.
Click to expand...
 
Unfortunately 140 was not approved. What are my chances now? THanks for your response.
 
Last edited by a moderator:
Sorry to hear this but unfortunately if the I-140 was not approved for the 2001 labor there is not way to recapture the PD now.

You have to start GC process all over again with a new Labor (Perm) and take it from here.

The field you apply in Restaurant Or Computers should not have any consequences but be sure to check the financials of the new employer since you have been burnt in the past

All the best
 
Can someone claim that employer as a successor in interest. Meaning the old employer a similar business in a nearby location and claim a successor in interest owning up immigration liabilities and some asset purchase of old business.

The above mentioned scenario is your only chance of claiming old PD. If not then unfortunately clock starts again.

GhantaBro said:
Unfortunately 140 was not approved. What are my chances now? THanks for your response.
Click to expand...
 
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