Filing EB3 after EB2 is denied with expired Labor

N

navauser

Registered Users (C)
Before the labor substitution and expiry date rule the labor used to valid indefinitely. So if the EB2 140 case filed for the labor is denied for experience and/or education qualification, one could again file an EB3 140 using the same labor. Now, if by the time EB2 140 is denied, the labor may have expired, and that means one doesn't have ability to use the same labor for EB3 filing. Is this assessment true?
 
All I-140 filings, whether original or re-file, are trated as 'new'. For an I-140 filing it is necessary to possess a valid labor certification. Now the latter may be:
1. Original PERM: you have 180 days from the date of approval.
2. Original, from Backlog Elimination Center(BEC): I-140 should be filed before January 12, 2008.
3. Labor Substitution: Terminated on July 16, 2007.

That's my take.
 
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