The Nebraska Service Center liasion has recently clarified that it is possible to file a new I-140 petition more than 180 days after the underlying labor certification application has been approved, but only in those cases where the labor certification had previously been used as the basis for another I-140 by the same sponsoring employer (or its successor-in-interest) and same beneficiary that was filed within the 180 day validity period. This holds true, even if, the first I-140 was denied, provided it was not denied due to fraud relating to the labor certification application. In simple terms, absence fraud, once a labor cert. is filed with an I-140 within 180 day validity period, it remains valid indefinitely for the purpose of filing future I-140 petitions provided it is the same sponsor (or its successor-in-interest) and the same beneficiary applying. (See Neufeld Memo, June 1, 2007).