HaveToGetIt
Registered Users (C)
I have the following question..
CompanyA applied for Labor Certification for EmpA in 2001 and received approval in 2001. After that companyA filed for 140/485 back in 2001. The 140 application for EmpA got approved and then EmpA used the AC-21 and left the CompanyA. CompanyA back in 2002 sent a letter to USCIS saying employee has left the CompanyA and wants to withdraw 140 application.
Now in 2005 CompanyA is willing to use that labor for another employee. Is this possible and what are the risks with pursuing this path?
Is it possible that EmpA who originally used that labor and his 140 was withdrawn by employer, still got 485 approved and now the labor certification can not be used?
Thanks for all the help you can provide.
CompanyA applied for Labor Certification for EmpA in 2001 and received approval in 2001. After that companyA filed for 140/485 back in 2001. The 140 application for EmpA got approved and then EmpA used the AC-21 and left the CompanyA. CompanyA back in 2002 sent a letter to USCIS saying employee has left the CompanyA and wants to withdraw 140 application.
Now in 2005 CompanyA is willing to use that labor for another employee. Is this possible and what are the risks with pursuing this path?
Is it possible that EmpA who originally used that labor and his 140 was withdrawn by employer, still got 485 approved and now the labor certification can not be used?
Thanks for all the help you can provide.