I 140 got denied twice

#1
I work for the university and my LC has a filing date 11 April, 07. The university filed my I 140 in April 07 based on the aprroved LC. My I 140 was filed in the EB2 which was a wrong category because my job doesn't require masters degree. So I got denial on my first I 140 in April, 08 because of the wrong category.

The university reapplied my I 140 in EB3 category in May, 08 but got denial second time in Feb, 09 saying my LC is expired because my LC is more than 180 days old.

What are my options now? Do I need to start the PERM process again? Or can I reopen my second I 140 denial case saying my LC is still valid because I used it for my first I 140? On the USCIS website it is mentioned that if the LC is used with the I 140 within the 180 days then the LC never gets expired and it can be used for other I 140 also. I did use my approved LC during my first I 140. Can I go with this option?

Please help me. I appreciate your guidance.

Thank you for your time.
 

ybhuskute

Registered Users (C)
#2
LC does not expire if you had filed for 140 in time and that 140 got denied. You can still file for second 140, as happened with me. (My second 140 got approved recently and my LC was filed in 2005.)

File an MTR and show them the rule. Though, I would recommend getting a second opinion from a lawyer.

This is the rule:
“Additionally, in the event that the I-140 petition is denied, it is possible to appeal and/or re-file the I-140 petition, even after the labor certification expiration date. All that is needed is an initial I-140 petition filing prior to the expiration date.”

http://www.murthy.com/news/n_palc08.html
 
#3
Thank you very much for your reply. Is it necessary to file an MTR within 30 days or can I file an MTR anytime? In my case I got denial in Feb 09 and 30 days period is already over.

Thanks again!
 
#4
Hi pskpsk,

I am under the same boat. Were you able to use the original approved LC? Please let me know, how to proceed.

Thanks in advance.
 
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