labor denied - approved after long appeal

[coolguy009]

Hi,

I have a general question. Labor got denied by dol because of error. Then the company appealed. It took many years until the denial was reversed.

The priority date was current for me during the appeal process. Since the labor denial appeal was still going on, we could not apply. Can we apply now for EAD since the labor denial was in error and if dol did not denied my labor application, I would have atleast got EAD.

Please advice

[FrancisJacobGreene]

Hi,

I have a general question. Labor got denied by dol because of error. Then the company appealed. It took many years until the denial was reversed.

The priority date was current for me during the appeal process. Since the labor denial appeal was still going on, we could not apply. Can we apply now for EAD since the labor denial was in error and if dol did not denied my labor application, I would have atleast got EAD.

Please advice

If your PERM application has now been approved, your employer can file the I-140 with USCIS. If your priority is current, you can also file an I-485. The eligibility for an EAD/AP is a benefit of having an I-485 pending, so you can file the EAD/AP application at the same time as filing the I-485. If your priority date is not current, you'll need to wait until it is current again before filing the I-485, EAD and AP. The fact that your PERM was denied in error makes no difference.