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If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

11 Sep 2024
Posted at 07:09h in Employment Based, FAQs, For Employers, For Individuals, Resident by

Answer

In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)

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