Can I file new 140 for the old RIR labor with 2004 priority date?


HelpMeGodPlease

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Posted

When I was working at one company ,

1 . I filed labor thru RIR ( old type of labor ) in 2004 , and got approved in 2005 / 2006 - I do not remember exact date .

2 . filed 140 in EB 2 after that and we received RFE , but we did not respond to that RFE because we have a different labor that got approved in EB 3 , so we have considered that

3 . I changed jobs after that .

What is the best way to make use of that old EIR labor ?

Can I file new 140 or respond to the RFE for the same labor thru the same company ? If so , do they have to apply as a future employment ?

My original concern was is it possible to file another 140 now for the old RIR labor case with priority date of 2004?

Posted

Assuming that the job offer at the heart of the RIR Labor Certification is still available and valid and the employer is willing to proceed, it may be possible to re-file the I-140 and immigrate on the basis of that petition if approved with the earlier favorable priority date. However, each case is different and further review with a qualified immigration attorney would be required through a consultation.

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