Is labor certificate valid forever

C

caiyw

Member
Hi, all:

     I have a question and would really appreicate your comments.
     If I use my company\'s pre-approved LC to file I-140 and later
get rejected by INS, will this LC still be valid for my company to
use it for somebody else?
     The chance is dim for me to successfully get I-140 approved
based on this pre-approved LC, but I figure the only thing I will
lose is the legal fee. But I need to convince the HR that my using
it will not damage the validity of this LC.
     Thanks.

cai001
 
labor/I-140 and move to different division(same company) in different state

Hi,
I have filed my labor in CSC. Due to some personal reasons, I am thinking of moving to another division(consulting to software development) of the same company in a different state. Can I still continue with the same labor application or will I have to start the process all over again?
Also, what happens if my labor in CSC gets approved before my transfer?
FYI, the job requirements of my current position and the new position is similar.
Thanks
 
Cai,

This Labor certification will stay valid. This certification is about a specific job position, location and employer. Basically, it has nothing to do with you. You either qualify or you don\'t to fill this position.

Why do you think your chances are slim?

Good luck!
 
No Title

It all depends how your LC was filed. Was it filed for unexpected and unspecified locations?? If not you will have to start all over again.

Another possibility is to keep going with your present application and move to another job. However, once your GC gets approved you need to move back to your original location. That way you will comply with conditions of your GC.

Good luck!
 
No Title

Marta:

    Thanks for your reply, I have been unable to access the net
till today.
    The reason I said my chance of getting LC approved is slim is
because I did not meet the education requirement at the time that
the original LC was filed for someone else, I was in school at
that time, although I met the job requirement. I was told by the
company lawyer that I have to meet ALL the requirement as of the
original LC filing date ( the Priority Date).
    I actaully asked DOL this question, they replied by saying
once they approved the LC, it is out of their control and it is
up to INS to decide whether or not to approve it, but with the
rules that I just mentioned I figured it is almost next to impossible
to get my I-140 approved based on the LC substitute.
    Thanks again.

Cai
 
No Title

I hope the company lawyer is wrong, but if anyone knows any
work-arounds, I would be really appreicated to learn.
Thanks.

Cai
 
CAI - The attorney is correct but . . .

YoGiving it a try will not invalidate the LC. Substitution only becomes impossible when the I-140 is approved AND the beneficiary submits an I-485 or Consular processes. This is in accordance with the INS memo dated 07 Mar 1996.

Jim

James D. Mills
Attorney at Law
http://www.geocities.com/jamesdmillsesq/
 
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