I-140 RFE Question


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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 . 




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