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  • LC case closed

    An employer filed a labor cert under 245i in April 2001, The case was apparently closed by Phila Backlog Elimination Center in 2005. If the case remains closed, could a second employer at a later date file for a new labor cert based on the priorty date of the original filing.
    ie; does having a case closed by the BEC void the lc application forever.
    or could it still form the basis for some other immigration benefit in the future.
    thanks

  • #2
    An employer filed a labor cert under 245i in April 2001, The case was apparently closed by Phila Backlog Elimination Center in 2005. If the case remains closed, could a second employer at a later date file for a new labor cert based on the priorty date of the original filing.
    ie; does having a case closed by the BEC void the lc application forever.
    or could it still form the basis for some other immigration benefit in the future.
    thanks

    Comment


    • #3
      ***p

      Comment


      • #4
        Unfortunetly priority date is lost. In order to keep priority date LC and the most important I-140
        must be approved. The only thing u benefit is 245i.
        Make sure 2 keep all copies. You will still need it
        if u file a new case. 245i makes u eligible
        for adjustment inside US even if you are out of status.

        Comment


        • #5
          Thanks Rida,
          I was under the impression that if the LC was approvable when filed,if it was later denied or discontinued you still maintained the PD of the original filing. Or am I mistaken?
          Your inputs is appreciated.

          Comment


          • #6
            You could still be grandmothered by 245(i).

            Comment


            • #7
              Hi Yoiyoi
              "I was under the impression that if the LC was approvable when filed,if it was later denied or discontinued you still maintained the PD of the original filing."

              THIS ONLY APPLY TO 245i grandfathering . If your LC was approvable when filed you only maintain 245i benefit not the priority date. In order to establish priority date I-140 would have to be filed and approved . Same thing happend 2 me. My LC was approved but employer failed to file 1-140 so I lost my APR 2001 priority date. I filed new case w/new employer and now I`m stuck with PD JAN 05. File new labor certificate , hoply USCIS will do sth about employment backlog in near future. 245i is still big benefit. You will need it when u file for adjustment of status with new employer.

              Comment


              • #8
                See, grandma is always there !

                Comment


                • #9
                  thanks rida,
                  i am curious to know if you status came up in re-applying for a new lc. was it ever an issue during the process?

                  Comment

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