1/2/2008 - Reminder: As of January 12, 2008, Any Labor Certification Approved Pre-July 16, 2007 No Longer Valid for I-140 Filing
Under the labor certification substitution rule which became effective July 16, 2007, all approved labor certifications must be used as the basis for an I-140 filing with U.S. Citizenship and Immigration Services within 180 days of approval (or 180 days from the regulation's July 16, 2007 effective date, whichever is later). Otherwise, the labor certification expires and may no longer be used.
As January 12, 2008 marks the passing of 180 days since the enactment of the regulation, labor certifications approved on July 16, 2007 or earlier expire as of that date if not used as the basis of an I-140 filing.
Any approved labor certification not already used as the basis of an I-140 filing on July 12, 2008 is for all practical purposes useless as a basis for an immigrant visa filing in its own right (arguably, it may still be used to establish eligibility for 245(i))
Any employer or foreign national with an approved labor certification (or even a labor certification case in process) who has not yet filed an immigrant visa petition.