I-140 Approved in 2001..No GC Yet.

[jainssandeep1]

My ex-employer filed my Labor Cert in 2000 and in 2001 I-140 was approved. I was forced by my client to become their employee. Now I am thinking of joining my ex-employer. I have few concerns –
1. Is it possible that my ex-employer has used approved labor for some other employee (After I-140 approval)
2. I may be over-qualified for the approved labor and the nature of my job has changed little bit since then. Although I am still a software developer but earlier I was doing VB/Mainframe related development now I am involved with SAP development.

Can I still use approved I-140, to file I-485 through my ex-employer?
Thanks for your responses…
-Sandeep

 

[ginnu]

My ex-employer filed my Labor Cert in 2000 and in 2001 I-140 was approved. I was forced by my client to become their employee. Now I am thinking of joining my ex-employer. I have few concerns –
1. Is it possible that my ex-employer has used approved labor for some other employee (After I-140 approval)
------ may be, you need to find out from employer
2. I may be over-qualified for the approved labor and the nature of my job has changed little bit since then. Although I am still a software developer but earlier I was doing VB/Mainframe related development now I am involved with SAP development.

Can I still use approved I-140, to file I-485 through my ex-employer?
--------- yes if he has not revoked that I-140, you need to find out from employer, if he has used that LC for somebody and I-140 was revoked then you cant file I-485

*** I suspect that LC approved in 2000 and I-140 approved in 2001, it seems to me that employer may have used LC for others and they may have revoked I-140.
*** if you have any other LC filed for you and you have the COPY of earlier I-140 approval notice and copy of earlier LC approval then at the time of filing second I-140 you need to update your lawyer and he may try to recapture the earlier PD of your LC of 2000( if LC is NOT revoked and I-140 not revoked, talk to your lawyer he may guide you)

Thanks for your responses…
-Sandeep