can i use existing PERM approvals even after 140 denial notice to reply 140 again

[giriprasad02]

Recently on 08/29/2014 my 140 denied and still waiting for denial notice. my concern is , can i use existing approved PERM to reply 140 again after looking actual denial notice ? 

[Attorney_6]

Giri,

 

It is potentially possible to refile the I-140 after denial. This is sometimes a better option than filing a Motion to Reopen/Reconsider or an Appeal.

 

The labor stays valid even after its normal 6 month expiration date, provided the I-140 was filed "on time" (before the labor expiration date) the first time around. Thus, refiling is not subject to the same time limits as appeals/motions.

 

Additionally, sometimes, the denial is correct, based upon the evidence provided or EB category selected. Thus, a refiling can potentially provide better/more complete evidence or select, for example, EB3 for a case that was denied because it didn't qualify for EB2.

 

The available options and time tables should be carefully reviewed once the decision arrives.

[eaglenest]

My labour was approved with priority date mentioned in May 13 2013. And in the labor the expiration date was mentioned as 08/31/2014. My I-140 filed and received a NOID last week.

 

My questions are :

a) Will my priority date remains if  I change a new employer possible the new employer may file new labor after six month or after.

b) How long it will take if my current employer files a new 1-140 ? Can it be done in premium ? 

c) In the section J21 of Perm my employer checked as 'NO' Can i qualify to add professional experiences of my current employer in the i-140 petition ? 

 

Thanks 

[itsmeusa]

a. PD is established by approved I-140, not merely by approved PERM.

b. Why new I-140. Your employer / lawyer must be responding to NOID and try to get it approved.

c. Usually the beneficiary needs to have professional experience before joining the employer. There are certain situations where you could use existing employer's experience but that depends upon what are your current job duties and what are the duties mentioned in PERM.

[JoeF]

The PD can only be taken to another case with another employer if the I-140 was approved.

[eaglenest]

Thanks. My Employer is saying 

 

a) He will try to show Experience in response to NOID showing experience from current employer 

b) If not he will re- apply i 140 downgrading to EB3 in order to hold the priority date. And later re apply for perm to ubgrade back to EB2

 

My question are :

 

a) Is it at all possible to downgrade with an approved labor filed for EB2 ?

b) If at all possible to hold the priority date in case of upgrading and/or downgrading b/w EB2 and EB3

c) If downgraded to EB3 and with an approved i 140 (for EB3) , then if I change employer and the new employer files new labor and I 140 under EB2 can USCIS consider the old priority date even if it was with EB3 ? 

[itsmeusa]

a. Possible (one of my colleagues did the same). Reason because PERM approval doesn't lock whether your case is EB2 or EB3. I-140 approval locks your PD as well as category like EB2 / EB3.

b. Possible. 

c. Yes.

[eaglenest]

If the PD locked for approved EB3 and a different employer files new perm upgrading from EB3 to EB2 will the older PD (which remain locked for newly upgraded EB2 ? 

[jonnyj]

Hello,

New here and nice to meet everyone.

I’m applying for an employment based green card and recently submitted my I-140, I-485 & I-131. I got 3 rejection notices…

I-485

“The payment amount is incorrect and has not been provided” Please resubmit the application/petition with the appropriate feast the listed address.

AND 

“Based on the information you provided, a visa is not immediately available for your priority date”.

I-765

“The payment amount is incorrect and has not been provided”

I-131

“The payment amount is incorrect and has not been provided”

Now, my Department of Labor cert is good until Sept 15th. The original received date on my I-979C “rejection notice” is September 6th. Am I screwed since I’m resubmitting after the expired DOL date? Or, because I’ve submitted the original application before the DOL expiry date, I’m covered?  

 

Please….Help….