Can a Labor Certificate be Re-used? (Moved as Off-Topic)

[mpurna77]

I have one question, first think no more discussion about EB3-EB2, I doesn't mean that.

My question is if you are using Labor EB3 To EB2. isn't it reusing labor which USCIS stopped earlier.

even person is same you reusing labor that is what created this mess earlier. Is USCIS going back to same but in different way:-)

[Spectator]

I have one question, first think no more discussion about EB3-EB2, I doesn't mean that.

My question is if you are using Labor EB3 To EB2. isn't it reusing labor which USCIS stopped earlier.

even person is same you reusing labor that is what created this mess earlier. Is USCIS going back to same but in different way:-)

mpurna,

My understanding is that, except in the one extremely unusual case discussed below, that is not how it works.

To apply under EB2, the LC must match the position it was granted for, so a person has to go through the whole PWD, PERM process to get a new LC certified for the EB2 position.

Where this might not apply (unusually) is where the original LC was for an EB2 position, but for some reason (e.g. lawyer mistake) the I-140 was applied under EB3.

As long as an I-140 was applied for within 180 days of the PERM certification, the LC does not expire and remains valid for future re-use by the same person for the same position - but not for a higher category than it was granted for.

This isn't at all like Labor Substitution IMO and provides a valid safeguard to the person who was granted the LC.

People, please correct or clarify, if the above is not entirely correct. I think, at least in essence, it is.

[mpurna77]

mpurna,

My understanding is that, except in the one extremely unusual case discussed below, that is not how it works.

To apply under EB2, the LC must match the position it was granted for, so a person has to go through the whole PWD, PERM process to get a new LC certified for the EB2 position.

Where this might not apply (unusually) is where the original LC was for an EB2 position, but for some reason (e.g. lawyer mistake) the I-140 was applied under EB3.

As long as an I-140 was applied for within 180 days of the PERM certification, the LC does not expire and remains valid for future re-use by the same person for the same position - but not for a higher category than it was granted for.

This isn't at all like Labor Substitution IMO and provides a valid safeguard to the person who was granted the LC.

People, please correct or clarify, if the above is not entirely correct. I think, at least in essence, it is.

'As long as an I-140 was applied for within 180 days of the PERM certification, the LC does not expire and remains valid for future re-use by the same person for the same position - but not for a higher category than it was granted for.' if its not higher category how they porting that date to EB2 from EB3?

[Spectator]

'As long as an I-140 was applied for within 180 days of the PERM certification, the LC does not expire and remains valid for future re-use by the same person for the same position - but not for a higher category than it was granted for.' if its not higher category how they porting that date to EB2 from EB3?

mpurna,

I think there is a danger of straying from the topic of this thread and into dangerous territory.

The law allows the retention of a PD from a previously approved I-140. A new I-140 is required for the EB2 position. Only the PD is retained, unless the previous I-140 has been revoked for fraud or misrepresentation, in which case it cannot be retained.

It is a potentially long and expensive process.