| Q. |
Can I use expired PERM EB2 labor in any way?
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
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| A. |
As of July 16, 2007, labor certification approvals have an expiration date. This date is 180 days from the approval of the labor certification. This means that an I-140 Employer Petition must be filed prior to the expiration of the labor certification (LC) in order for it to remain valid. This is the result of a regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007. Based on that new rule, a labor certification approved before the regulation went into effect will expire 180 days after July 16, 2007 (the implementation date of the regulation), unless an I-140 petition has been filed in the case. A labor certification approved before July 16, 2007 therefore expired on January 11, 2008. A labor certification approved after July 16, 2007 has a 180 expiration date for an I-140 to be filed.
If you have a labor certification that was approved back in August 2007 and no I-140 was ever filed, I believe that labor certification has expired. I do not believe you can use it for any I-140 filings now or use it for any other purpose because it has expired. I unfortunately know of no use for that expired labor cert.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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