I-140 RFE Question

[orbit123]

Hello, 

 

I got an RFE on my I-140 one year ago , my employer did not answer it as i was out of the country , my labor filing date was on October 2012 . I returned back to the country last year and discussed the RFE with my employer . They are not sure if the I-140 can be refiled if the Labor is still valid and if i can still capture the date . I also wanted to check if i can  re-file the I-140 RFE under EB3 instead of EB2 . All i am trying to do is to capture the date . 

 

Please advice . 

 

Thanks, 

P

[rohang]

Labor generally have expiry within 6 months, so i think your original labor is gone and so is PD. Your employer has to start from labor.