My labor cert was approved, but then my I-140 was denied. Can we retain priority date based from the labor cert?

Answer

To retain the priority date, an I-140 based on the LC must be approved. It may be possible to re-file the I-140 using the existing labor cert, if the problem can be “fixed” (i.e. if the problem was with the I-140 filing, as opposed to a problem with the LC). Otherwise, the priority date is lost. (30.Jul.2018)

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