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Posted on 20 Aug 2008
Q.

Can I use my expired PERM labor for anything?

I am from India. I had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before 2007VB fiasco and I was able to apply for 485/EAD/AP.

In August 2007, my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But I decided not to file a new I140 and let the approved EB2 labor expire.

Now, I am having second thoughts. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

User's Location: Atlanta, Georgia, United States of America
Category: Employment-based Green Card
Posted on 21 Aug 2008
A.
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Gregory Vartanian
Immigration Lawyer
Vartanian & Vartanian, LLP
(617) 523-5689

www.immigrationboston.com

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