RFE: I140 -TEXAS- using preapproved labor

[srekapalli]

My employer processed I-140 in EB3 category in Texas. They used pre approved labor. Little background is as follows. They processed I-140 year back using the same labor and that I-140 got approved for one employee. Employee left after 6 months and moved onto another company. Old employee will get GC based on the portability. So they revoked I-140 and tried to use the same labor for another employee. But Texas service center is asking for original labor approval letter. Can anybody suggest how we can get the original labor approval letter (it is alrady with INS attached to another I-140) and how to reply for this RFE. Did anyone go through this type of process?

 

[rp1740]

To my knowledge, the II40 for the second employee will not be approved. It would be denied because the labor is already utilized by the first employee. Had the first employee had left the company prior to 6 months completion and then the I140 was revoked then it would have been a different story.

 

[myitneeds]

you employer or attorney can contact Labor department, they will send you copy...

if original employee I-485 is not approved by the time they revoked I-140 you should be ok provided labor requirement job desc/title/job code.. matches...