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labor certifciation 180 days validity period

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  • labor certifciation 180 days validity period

    A labor certification was issued by DOL ,form eta 750 and certified on 7/10/07 . Unfortunately 180 days passed before the L/C was filed with a companion I-140 Petition. USCIS returned both saying the L/C had expired. The priority date on the L/C is April 2001, the catagory is EB-3 /skilled worker. Previously, in 2001 ,an I-140 with ba valid L/C had been filed and an RFE was issued on that filing, which was not responded to. That petition was considered abandoned. Query:
    Any way to activate the abandoned i-140 with Either Labor Cert., or can Petitioner re-file under PERM and maintain the original priority date.ie.,2001. The case involves the same job and same employer and same alien. Is the initial L/C filed with the first I-140 still valid , as it was filed with a companion I-140 within 180 days
    Suggestions. Thanks!

  • #2
    A labor certification was issued by DOL ,form eta 750 and certified on 7/10/07 . Unfortunately 180 days passed before the L/C was filed with a companion I-140 Petition. USCIS returned both saying the L/C had expired. The priority date on the L/C is April 2001, the catagory is EB-3 /skilled worker. Previously, in 2001 ,an I-140 with ba valid L/C had been filed and an RFE was issued on that filing, which was not responded to. That petition was considered abandoned. Query:
    Any way to activate the abandoned i-140 with Either Labor Cert., or can Petitioner re-file under PERM and maintain the original priority date.ie.,2001. The case involves the same job and same employer and same alien. Is the initial L/C filed with the first I-140 still valid , as it was filed with a companion I-140 within 180 days
    Suggestions. Thanks!

    Comment


    • #3
      Don't quote me on this, but I am relatively certain there is no way to reactivate a past petition of any sort. You'll have to re-file.
      --------------------
      "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

      Comment

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