Can I file for H1 transfer after I140/I485 concurrent filing

[rajeevp]

Hi,

There is a company which has pre-approved labor which is current. I want to let the company file my I140/I485 concurrently first.
Now, what is the proof that I should look for that the company has filed that .. any recipt etc?

Once this is done, then I would let them file my H1 transfer immediately. Can this be done legally?

My new employer says that, they won't be able to file H1 transfer unless I140 has been approved(Reason : they cannot file petition for temporary labor i.e. H1B when the petion for permanent labor, I140 is in progress) . So they want to file H1B before my green card.

Can someone suggest if my new employer is true? i will be a great help.

Thanks

 

[ginnu]

Hi,

There is a company which has pre-approved labor which is current. I want to let the company file my I140/I485 concurrently first.

-----------I-140 is filed by employer and he or his lawyer will get I-140 RECIEPT. i-485 IS your petition filed by YOU
Now, what is the proof that I should look for that the company has filed that .. any recipt etc?
----------- ask for the I-140 filing reciept and I-485 filing reciepts
Once this is done, then I would let them file my H1 transfer immediately. Can this be done legally?
---------- yes
My new employer says that, they won't be able to file H1 transfer unless I140 has been approved(Reason : they cannot file petition for temporary labor i.e. H1B when the petion for permanent labor, I140 is in progress) . So they want to file H1B before my green card.
*** make sure that the LC has not used by filig I-140 for other person if thatI-140 has been approved and the personn has filed i-485 and used AC21 you will get nothig.
** also make sure that you qualify for that LC, you need the same skills, education,exp BEFORE the date that LC was filed take the copy of LC and your documents to lawyer ad let him evaluate if you are eligible to use that.

Can someone suggest if my new employer is true?
----if from NJ or Desi company I will not go with them, many have sold same LC to many persons.
i will be a great help.

Thanks

 

[rajeevp]

Thanks for yor quick suggestion!!!!

referring to what you said here ...
*** make sure that the LC has not used by filig I-140 for other person if thatI-140 has been approved and the personn has filed i-485 and used AC21 you will get nothig.

How on the earth will I find out if he has not sold that labor to someone else?
If I show a copy of that approved labor to immigration attorney, then would they be able to comment on its validity? I believe that other than my new employer, only the INS would be able to confirm that.

Or going by the employer's word is the only option?

 

[ginnu]

Thanks for yor quick suggestion!!!!

referring to what you said here ...
*** make sure that the LC has not used by filig I-140 for other person if thatI-140 has been approved and the personn has filed i-485 and used AC21 you will get nothig.

How on the earth will I find out if he has not sold that labor to someone else?

If I show a copy of that approved labor to immigration attorney, then would they be able to comment on its validity?
----- they will say LC is valid for ever. what you need to know is if LC is used

I believe that other than my new employer, only the INS would be able to confirm that.
----- yes only USCIS knows

Or going by the employer's word is the only option?
--that is up to you.