Re-Using LC

A

APHDR

Member
Hey,
Your expert comments please.
My company has filed L.C for me in Oct 2001 in NJ/RIR/EB2.
I found out that one of the employee left the company about a year before (Dec 2000 )after getting is I-140 approved.
As a Option 2, Can I re-use his labor cert for my GC???
Just in case if I-140 is denied by re-using his L.C, will it hamper my on-going G.C process in any stage.
Thanks
 
Answers

Can I re-use his labor cert for my GC???

If you met ALL of the minimum requirements stated in the LC at the time the LC was filed.

Just in case if I-140 is denied by re-using his L.C, will it hamper my on-going G.C process in any stage.

You will have to reveal the prior filing and denial when you file the next I-140. It won\'t prevent approval but it could slow it down as they review the prior filing.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
Priority Date??

If the I-140 with subsitute labor (LC of the previous employee)is approved what will be the priority date ... The day on which Labor was filled for previous employee or the day I-140 was filled for me using his labor certification or SOME OTHER DATE......

Thanks for your response.
 
Priority Date??

If the I-140 with subsitute labor ()is approved what will be the priority date ... The day on which Labor was filled for previous employee or the day I-140 was filled for me using his labor certification or SOME OTHER DATE......

Thanks for your response.
 
Priority date

You will need to file a new LC with the new employer. When that is approved you will need to file a new I-140 with the new employer. If you can get documentation from the old employer, you will be able to retain the old priority date but this will only matter if the priority dates retrogress. With current priority dates, it will make no difference.

Jim

James D. Mills
(formerly Jim M)
jdmills@justice.com
732-644-5702
 
How to get in touch with you AP1 ?

Hi AP1,

I am also considering the option of reusing the LC. BTW, have you filed I-140 by reusing the LC ? I wanted to talk to you in person. Could you please let me know your contact numbers! If you dont want to, could you please post here the specifics of reusing the LC.

Thanks,
 
Priority Date Q- Please help

My 140 got approved by using a substitution labor. MY Q is what will be my prioity date for 485, will it be the date I filed 485 or the date labor was approved??

AP1 and ATL72 I am in the same boat. Did you find answers for this Q?

Any body else who can give give some input please help.
 
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