Using PD of approved labor when no I-140 was filed.

U

USofA

Registered Users (C)
Hi Folks,

Sequence of events,
1. Company A filed for labor EB2 in Dec 2004.
2. I joined company B and they filed in PERM May 2006.
3. Labor filed from company A got approved from backlog center (Dallas).
4. Requested company A to file I-140 to use PD, but they did not.
5. With company B I have approved labor (EB2), approved I-140 and pending 485. Got EAD.

Is there any possibility to use the PD of labor from company A for the application filed by company B?

Appreciate your help.

Thanks!
 
Not on this one since the I-140 was not approved the PD for that one is gone and you will have to utilize the newer PD.
 
Also, under the new rules that took effect in 2007, labor certifications are void if the I-140 is not filed within 180 days of the labor approval. So that old labor cert from 2004 is dead in the water and cannot be used for porting or anything else.
 
What happens if :
1) Company A files I140 with Labor PD 11/2002 I140 gets denied (A2p) and Appealed the denial, withdrawn appeal since USCIS asked to withdraw.I485 filed and pending .
2) Company B files I140 with Labor (PD 06/2007) get approved, USCIS mentioned the A number from I485 with the previous case.

Can new I140 gets Old priority date since I485 was active and pending when USCIS adjudicate the new I140 and USCIS asked to withdraw the appeal.

Thanks
 
If the old I-140 was never approved, it cannot be used for porting the priority date. Using the same A-number doesn't affect that. The A-number is tied to the person, not the forms or processes.
 
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