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Filing I140/485 by same employer after the i140 is withdrawn

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 My EB2 Priority Date is current in EB3 category with my previous employer A.  My Previous Employer A has "withdrawn" by EB2 I140 after 180 Days. 

Now that my PD is Current in EB3, i'm planning to move back to my previous employer A. Can my Previous employer File a NEW Concurrent EB3 I140 & I485 using the PD?

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it looks like there are couple of exceptions .. 

Since my I140  is already Approved and existed for more than 180 days . can we use one of the below exceptions to file the I140 & I485 concurretly ?


You must submit the labor certification with the Form I-140 during the 180-day validity period annotated at the bottom of every page of the labor certification. We will reject your Form I-140 if you do not include a valid labor certification, unless you clearly state that you are filing under one of the following two exceptions:

  • If you need a duplicate labor certification, check the box marked “Yes – Attach an explanation” at Part 4, Item 8 of the form. Write that request in large, bold font on a brightly colored piece of paper and place the paper directly under the Form I-140.
  • If you are filing a Form I-140 as an amended petition and the original labor certification was already submitted with another Form I-140, check the box marked “Yes – Attach an explanation” at Part 4, Item 7 of the form. Place a brightly colored piece of paper directly under the Form I-140 and write on it in large, bold font that this Form I-140 is an amended petition and that the labor certification has already been submitted. Also provide the receipt number of the previously-filed Form I-140, if available.

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