is 140 need to be filed with in 180 days

[chandra140]

Hi,

My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

I recently got my 140 receipt notice with receipt date as 24-Jul-08.

I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

pl give me the response.
Thanks for looking this.

[kondur_007]

I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
And yes, there is a rule about this that they came up with since past few months (?about a year now..)
I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
Good Luck.

(Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).

[chandra140]

Hi kondur_007,

Now can i do the 140 premium processing,to know the result asap.

If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

Thanks for ur response.

[mhathi]

Hi kondur_007,

Now can i do the 140 premium processing,to know the result asap.

If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

Thanks for ur response.

Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.

[reachinus]

Hi There,

If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.

Hi,

My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

I recently got my 140 receipt notice with receipt date as 24-Jul-08.

I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

pl give me the response.
Thanks for looking this.

[wandmaker]

Hi,

My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

I recently got my 140 receipt notice with receipt date as 24-Jul-08.

I am wondering is my 140 is filed with in the valid time.
Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

pl give me the response.
Thanks for looking this.

As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

[kondur_007]

As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

I agree with wandmaker above.

Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.

If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.

You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.

Trust me, this is a scenario where you really want the help from a good attorney.

Good Luck.

[chandra140]

Hi,

Got some info reg my 140 issue.

First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.

Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.

(My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)

Got this response from my lawyer:
we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.

I am still wondering the USCIS will process my 140.

[chandra140]

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

[whiteStallion]

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

Please restart your Labor again, ASAP.

[wandmaker]

I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

Here is the reason...

The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

there is no proof (valid labor) that you are eligible for EB2. since you labor is expired, there is no labor and you can not proceed with 140 - so they denied your 140

I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

Please restart your Labor again, ASAP.

Correct