Urgent: Is it possible to transfer approved I140?

G

GCInThisLife

Registered Users (C)
My friend has his labor (perm) 140 approved few months back and waiting for eb2 visa numbers to apply for 485. But, unexpectedly his company is shutdown and he is kind of in a dilemma. Is it possible to transfer this approved 140 to another company? If not he has start the whole process from scratch and not sure if there is enough time as he is already on 7th year extension.

Thanks in advance for your suggestions!
 
Last edited by a moderator:
There is no way to transfer the approved 140 to new company (other than if the new company is buying the old company).
He need to start the process again. When you say there is not enough time, do you mean that he is running out of his H1 6 year limit? If so, then he can still get the extension based on the LC filed by old company. He can even get the extension with the new company based on LC of old company, but if the old company shuts down completely, then the that LC is invalid and he may not be able to get the ext.

For more specific suggestion, provide more detail.
 
You just edited you message to include 7th year, in that case he can file for H1 txfr and 8th year ext together if ther is less than 6 months remaining for his 7th year.
 
Thanks for your quick response! I heard from some one that 140 can be transfered and wanted to find out if it is true.

Well, it is a little complicated. He was initially working for Company A (currently in business) where he filed labor. Then he changed to Company B where he filed fresh labor in perm. However, bc's of delay from his company and lawyer, he wasn't left with 365 days window to get 7th year extension based on labor from company B. Luckily, since his labor from Company A was still pending, he used it to get 7th year extension and later his 140 from company B was also approved and things were in good shape until the news of company shutdown (close of business).

Since he might not be able to use Company B's labor (?), can Company A's labor be used for 8th year extension? However, I do not know the current status of his labor from company A. Since, he is not available now, I will have to wait (couple of days) for complete details.
 
could be possible

with ac21 portability, he could apply for AOS and then transfer to another company as long as it takes longer than 6 months to adjudicate which shouldn't be a problem if it goes to NSC
 
isitanylonger said:
with ac21 portability, he could apply for AOS and then transfer to another company as long as it takes longer than 6 months to adjudicate which shouldn't be a problem if it goes to NSC
Click to expand...
To apply 485 he need current PD, which he does not have.
 
Priority date portability

Hi,

I have a future employment based EB2, RIR, 140 pending and my current employer has agreed to process green card. Just wondering if it is a good idea to wait until 140 is approved and port priority date to an EB3 PERM fresh application or file a new G.C. (EB3) in parallel. Thanks in advance.
 
useruser9999 said:
Hi,

I have a future employment based EB2, RIR, 140 pending and my current employer has agreed to process green card. Just wondering if it is a good idea to wait until 140 is approved and port priority date to an EB3 PERM fresh application or file a new G.C. (EB3) in parallel. Thanks in advance.
Click to expand...
No harm in applying for the LC. I think the porting of PD comes at the time of filing of 485, not sure but certainly not while applying for new LC. So go ahead and file the PERM, then get the 140 approved. Search and read about Pearson memo for more details.
 
You must log in or register to reply here.
Top