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Using the labor after Jan 11,2008

Hi,

My I-140 is at AAO(Appeals Unit). If it gets denied after Jan 11,2008(the day when all the unused labor/perm expires), can I use the same labor to file a new I-140.

Somebody mentioned about some amendment USCIS issued on this issue. By any chance any one has this amendment link ?.

Thanks for your help.

 
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