140 and labor cert validity using Ac21

I

immi_09

Registered Users (C)
Hi
I have question regarding 140 and AC21. Is it true that after 180 days of 1-485 receipt date, if 485 is not adjucated, can I carry over the labor cert approval to next job and apply for 140 using the labor from previous job and tie the corresponding 485 application to the new 140? (this in case i-140 from previous job gets denied for any reason) I was reading the memo on AC21 released last agust and it says labor cert approval to remain valid if the 180 passed since 485 reciet date?!

Is my interpretation correct?
 
That is not possible. In any case Labor and I-140 approval should come from same company. In con-current filing once I-140 is approved AC-21 will come into picture.

The day on which your I-140 approved check whether you have completed 180 days of filing I-485. If yes then you can change the job. Otherwise wait until you complete 180 days after receipt date of I485.

There are certain things you need to know about changing the jobs Check Ac-21 forum. You will get lot of information/Discussions.
 
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More than 180 days passed since I filed 485. But I was layed off before 180 days and my old company till now has the intent to keep the process going. I was wondering if I get an RFE or something on old 140 can I use the old approved labor to apply new 140 with the current company 'coz 180 days have passed and I'm in a similar job? and/or can I get an H1B extension for 7th year (I'm in my 6th year now!) using the fact that my labor with previous company was filed more than a year ago? (whether my old 140 gets approved or not)
 
In the real sense labor is not transferable. It is immigrant visa they are transferring.

Whichever company has approved labor they have to apply for I-140. There is no change in that rule.

You cannot use labor for I-140 unless the old company is bought from new company. It is called as successor in interest. If you do not get RFE it will be fine. If you get an Company related RFE then company needs to answer that. It is related to education or any thing related to you it would be fine.
 
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