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Can I use old labour(PERM) to file GC?

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  • Can I use old labour(PERM) to file GC?

    hi all,

    Here is my case:

    I am on H1B visa.My previous employer filed PERM in 2006 in EB3 which
    Got approved and employer was planning to file I 140 but
    At the same time i got a new job and left that employer. Now my
    New employer filed my PERM after 3 years in EB2 And it got approved and my
    i 140 is also approved and i am waiting for priority date.

    Now I recently found my old aproved PERM of 2006. Can i use the
    Same perm and file I 140 based on that?
    Please suggest.

    Thanks,
    Niki

  • #2
    Priority date cannot be ported without an approved I-140 associated to that PERM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Priority date cannot be ported without an approved I-140 associated to that PERM.

      Hi,

      In that case how employers use somebody else's approved labor for filing GC for somebody else. I have seen so many people has approved I140 with somebody's labor.

      I talked to one attorney and he says we can file I140 and I 145 based on old labor..so now I am more concern what if my I140 gets rejected ? Will it affect with my current approved I 140 ?

      Thanks,
      Niki

      Comment


      • #4
        That is all ancient news. Pre-approved labor from a different candidate can no longer be used for an individual to file I-140. USCIS stopped pre approved labor in the year 2007. If your attorney is suggesting that he/she can use a pre approved labor from a different candidate to file your I-140, then I guess it is time you find another good immigration attorney. Btw, employment based GC need to be filed by your employer and you cannot do it on your own with a help of a third party attorney. If an employer is suggesting that they can do the pre-approved labor, then I would suggest you be extra cautious with that employer.

        There is a whole section dedicated for GC in immihelp. Go through them when you get time.
        Green card, permanent resident card, employment based green card, family based green card, marriage based green card, adjustment of status, consular processing, advance parole, employment authorization card, ead, renew green card, repalce green card, retain green card, re-entry permit, transportation letter, returning resident visa



        Originally posted by nikitashrma View Post
        Hi,

        In that case how employers use somebody else's approved labor for filing GC for somebody else. I have seen so many people has approved I140 with somebody's labor.

        I talked to one attorney and he says we can file I140 and I 145 based on old labor..so now I am more concern what if my I140 gets rejected ? Will it affect with my current approved I 140 ?

        Thanks,
        Niki
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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