LCA was approved in 2007 and I-140 submitted back then denied due to ability to pay. There is new evidence that can show that employer was able to pay the wages through all the years since back then till now. Can new I-140 be filed based on the same LCA? It said in the law LCA gets cancelled in 180 days if not used, but it was used, even though I-140 was denied. Can it be used again?
No the PERM approval is only valid for 180 days. I am afraid your employer needs to start over and engage an immigration lawyer this time.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
No. An LCA is employer specific and only valid for 6 months. Once I-140 denied, it cannot be resuscitated again, whether by the same or different employer. A new employer will need to restart the entire LCA and I-140 process on your behalf. You will, however, be able to reclaim your old LCA's priority date on the new one.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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