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Fredrick W. Voigtmann, Immigration Lawyer
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Fredrick W. Voigtmann
Immigration Lawyer
(310) 274-7111
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Law Firm: Inman and Associates, P.C.
Location: Beverly Hills, CA 91367
Practice Areas: U.S. Immigration Law (100%)
Specialization: all aspects of immigration law
Website: www.igvlaw.com
Posted by lostangeles 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 by Fredrick W. Voigtmann on 21 Aug 2008
A. No. You cannot use an expired PERM approval for anything. Of course, if your employer/sponsor wishes to file a new EB-2 PERM, that would be fine.
 

Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111

www.igvlaw.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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