Use approved Labor to re-file I-140 EB2 (EB3 I-140 approved)?

[aarzoo]

I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"

EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.

[fromnaija]

Even if you could, that labor certification already expired!

[clockwork]

If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

[aarzoo]

Thanks clockwork

@fromnaija:

Based on the regulation issued by the U.S. Department of Labor (DOL) that became effective July 16, 2007, a labor certification approved will expire after 180 days, unless an I-140 petition has been filed in the case.

The new rule provides a 180day validity period for approved labor certifications. All permanent labor certifications approved on or after the effective date of July 16, 2007, will expire 180 calendar days after certification, whether the original application was filed under the PERM or prePERM regulations, unless the employer uses the approved labor certification prior to expiration in support of an I140 petition with USCIS. Likewise, all labor certifications approved prior to July 16, 2007 will expire in 180 calendar days, unless filed in support of an I140 petition with USCIS prior to the expiration date. Therefore, all currently approved labor certification applications must be filed in support of an I140 petition by January 11, 2008.

If the above explaination is correct, I should be able to use the same labor.

[aarzoo]

@clockwork: Can you suggest some good lawyer(s).

[clockwork]

I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.

[cinqsit]

Originally Posted by clockwork

If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

They will check for ability to pay and other checks the they do at 1140 stage again.

Good luck

cinqsit

[fromnaija]

So as not to burst anyone's bubble, try it and see.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.

[s416504]

I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

As far as your labor qualifies for EB2, you are OK.

USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker

Originally Posted by aarzoo

I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"

EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.

[sasimks75]

To aarzoo, did you apply the I140 again in EB2? i am in the same boat. My lawyer said the samething and applied another i140 in Eb2. Can you please let me know your experience? Mine is applied in July 6th 2010.

[aarzoo]

It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

[sasimks75]

Thanks very much for your quick reply.
I have asked my lawyer to fill i140 in PP. But he said they can not because the original labor certificate is not available and USCIS will have to locate the original certificate which make sense.
Any my question is, my Priority date is June 2004. What happens after the I140 approval? Will they have to apply another i485? or use existing i485? if yes, how do they communicate to USICS to convert the old i485 from Eb3 to Eb2?

[Nov2004]

can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.

1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?

Originally Posted by aarzoo

It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.

Hope it helps....Good luck

[Nov2004]

Bump^^^^

Originally Posted by nov2004

can you please let us know some details. I am in the same situation.
Nov2004, eb3, i140 approved and i485 applied.

1. What happens to the present ead, after filing the new i140.
2.after i140 do we have to apply for new i485?