Some of you may be aware that on July 16, 2007, fundamental changes in the employment based immigration process occurred. From that point onwards, substitutions (where an employer switches one beneficiary in place of another) were prohibited and labor certifications would expire 180 days after approval if an I-140 were not filed.
Recently, USCIS issued a reminder that it is possible to file a new I-140 more than 180 days after the underlying labor certification has been approved.
Basically: Absent fraud or misrepresentation, if a labor certification is filed with an I-140 within 180 days of approval, it remains valid indefinitely for the purpose of filing a future I-140 petition by the same sponsoring employer (or its successor) on behalf of the same beneficiary.
The need for refiling may arise if the I-140 gets denied and the employer wants to refile, or if company is bought/merged into another company that requires a new petition.
This concept can bring relief to many employers and beneficiaries who have had an I-140 denied for grounds that they believe can be overcome through a subsequent filing (which oftentimes is faster than filing an appeal).
Ricky Malik, Esq.
Greencard@mail.com
www.rmlegal.com
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