Original labor EB-3 filed in July 2001, refiled in 2003 as RIR - status case seems lost with no answers
file another labor for same job and employer in Jan 2005 . This has now got approved but 2001 priority date has not been re-captured
Meanwhile in later 2005, I used someone else's labor to file I-140 which has got approved with 2003 priority date
My lawyers tell me they can file for a new I-140 ( for 2005 approved labor ) but that means automatic cancellation of existing 1-140 ( with 2003 date ). They say there is not guarantee 1-140 will be approved with 2001 date. So the risk is getting two more years back in queue
Give me your opinions
file another labor for same job and employer in Jan 2005 . This has now got approved but 2001 priority date has not been re-captured
Meanwhile in later 2005, I used someone else's labor to file I-140 which has got approved with 2003 priority date
My lawyers tell me they can file for a new I-140 ( for 2005 approved labor ) but that means automatic cancellation of existing 1-140 ( with 2003 date ). They say there is not guarantee 1-140 will be approved with 2001 date. So the risk is getting two more years back in queue
Give me your opinions