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Can
I File an Amended I-140 Petition to USCIS with a New PERM Labor
Certification? |
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Can
I File an Amended I-140 Petition to USCIS with a New PERM Labor
Certification? |
| Hi
William, My employer filed a PERM Labor Certification for me, and thereafter submitted an I-140 Petition for me to USCIS. Now my company merged with another larger company. Can I file an amended Form I-140 petition to USCIS with a new PERM Labor Certification? Answer, USCIS will accept amended I-140 petitions that are filed with a copy of a permanent labor certification that is expired at the time the amended or duplicate petition is filed, if the original permanent labor certification was submitted in support of a previously filed petition during the permanent labor certification's validity period. These filings may occur when: 1) There is a
successor-in-interest employer change, which requires a new or amended
petition;
2) The petitioner wishes to file a new petition subsequent to the denial, revocation, or abandonment of the previously filed petition, and the permanent labor certification was not invalidated due to material misrepresentation or fraud relating to the labor certification application; 3) The petitioner files an amended petition to request a different immigrant visa classification than the classification requested in the previously filed petition. |
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