satya9999 Posted February 3, 2014 Report Share Posted February 3, 2014 Hi friends..I have quick question...my employer filed my labor on jun/2012 and got some audits or issues and and applied a new labor on 04/2013 which got approved on 12/2013, then he cancelled the old labor petition.... When filing the 140 checklist form and sending docs to my attorney my employer asked to put old labor A number on the check list so that i can get old labors file date as my priority date on i140...it doesn't seems to be reliable. Just want to check with any one of you to see if i can use the old labor petitions priority date even thought if it is cancelled or my employer is just bluffing....waiting for your replied thanks... Link to comment
jairichi Posted February 3, 2014 Report Share Posted February 3, 2014 Hi friends..I have quick question...my employer filed my labor on jun/2012 and got some audits or issues and and applied a new labor on 04/2013 which got approved on 12/2013, then he cancelled the old labor petition.... When filing the 140 checklist form and sending docs to my attorney my employer asked to put old labor A number on the check list so that i can get old labors file date as my priority date on i140...it doesn't seems to be reliable. Just want to check with any one of you to see if i can use the old labor petitions priority date even thought if it is cancelled or my employer is just bluffing....waiting for your replied thanks... When your old labor was not approved how is it possible to use that? Link to comment
satya9999 Posted February 3, 2014 Author Report Share Posted February 3, 2014 Please reply... Link to comment
JoeF Posted February 4, 2014 Report Share Posted February 4, 2014 The PD from the old LC can not be used. Link to comment
Attorney_25 Posted February 4, 2014 Report Share Posted February 4, 2014 You can use the priority date preserved by approval of a prior I-140 to establish a priority date for the new I-140. Withdrawal by the employer of the I-140 does not cause you to lose the priority date, according to current USCIS policy. Revocation of the I-140 "for cause," e.g. for fraud or USCIS error in approving, will cause you to lose the priority date. If you did not have an I-140 approved on the earlier labor certification, then you cannot retain the priority date. When lawyer asked for "A-number," I am assuming he was asking for A-number assigned by USCIS in prior approved I-140s, not the labor certification case number. Link to comment
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