I have my own EB3 labor/I140 and the priority date is 04/2004. Now I am going to join a new company who has preapproved EB2 labor, so I can file 485 and 140 right away once I join the company.
Now I have a couple of questions.
1. How do I know if this preapproved labor was not used by somebody else? If it was, is my case going to be rejected?
2. To make sure the labor and the employer is all right, I will ask them to file Premium Processing for 140. So I don't have to wait for another half a year to find out my case is not solid. But can I file 140 PP for substitute labor? I am attaching some information I found but still cannot be 100% sure whether I can do it or not.
Thanks.
http://149.101.23.2/graphics/howdoi/prem_process.htm
It states that:
“Premium Processing Service is available for the Form I-140 classifications indicated on the chart above provided that the case does not involve:
A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
Labor Certification substitution requests, unless the original labor certification is ted with the Form I-140 requesting the substitution; and
Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor). “