Labor substitution and AC21

sxk1900

Registered Users (C)
Hi Gurus,
My company plans to file for my I-140 using a pre approved labor. The I-140 for the previous beneficiary was approved and I-485 was pending for more than 180 days when my employer filed the application for withdrawing I-140. The original beneficiary left for india for family/personal reasons and he is no longer pursuing it..Can this labour be substituted? or is it not valid anymore since more than 180 days have passed after filing I-485. The lawyer thinks this can be substituted..Any input is highly appreciated.
Thanks
 
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