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Can I resue LC if new employment is in the same city?
- Thread starter blizzard
- Start date
No, your new employer cannot fle I-140 based on LC approved for your previous employer.Originally posted by blizzard
My Labor cetificate and I140 was approved. But, I was laid off before 180 days of I485 filing. I located another employer in the same city, which offer me exact the same job as in my LC. Can the new employer file a I140 for me based on my approved LC?
LC is employer, job and location specific. If any of these change, you will need a new LC. Since you have not filed I-485 for 180+ days, you also cannot use AC21 portability to switch employer and still use previous pending GC application.
All that you can use is the priority date from your previous employer's LC.
More professional suggestion?
I was told by a friend that a new I140 could be filed to replace the old I140 using approved LC in the same city. My friend worked in a law office. However, I did not get confirmation from anybody else. It's confusing. Anybody has more ideas?
If my friend is true, it would be a shortcut and much better than starting GC all over again. It took me 2.5 years to reach this step and only 60 days short of 180 days. The priority date is of no use since every category is current.
I was told by a friend that a new I140 could be filed to replace the old I140 using approved LC in the same city. My friend worked in a law office. However, I did not get confirmation from anybody else. It's confusing. Anybody has more ideas?
If my friend is true, it would be a shortcut and much better than starting GC all over again. It took me 2.5 years to reach this step and only 60 days short of 180 days. The priority date is of no use since every category is current.
gcinfo1971
Registered Users (C)
Blizzard,
I would suggest you to approach a good lawyer. Just because you got laid off before 180 days you don't need to start the process once again. Just apply(/use ) for AC-21 after 180 days. Good luck.
I would suggest you to approach a good lawyer. Just because you got laid off before 180 days you don't need to start the process once again. Just apply(/use ) for AC-21 after 180 days. Good luck.
Re: More professional suggestion?
To salvage anything from your previous LC/140 process, you should have ATLEAST filed I-485. Have you done so? I was under the impression that you have not filed 485.
Originally posted by blizzard
I was told by a friend that a new I140 could be filed to replace the old I140 using approved LC in the same city. My friend worked in a law office. However, I did not get confirmation from anybody else. It's confusing. Anybody has more ideas?
If my friend is true, it would be a shortcut and much better than starting GC all over again. It took me 2.5 years to reach this step and only 60 days short of 180 days. The priority date is of no use since every category is current.
To salvage anything from your previous LC/140 process, you should have ATLEAST filed I-485. Have you done so? I was under the impression that you have not filed 485.
IN_LC_2002
Registered Users (C)
I know a friend who got another job and filed new LC and new I-140 after he was laid off by his previous employer. Before he was laid off he just filed his I-485. Fortunately he got his I-485 approved before he files new I-485 sponsored by his new employer.
If you can't take advantage of your LC, I think you'd better start LC with your new employer. In case your 485 got denied in the future, you have started your new process without wasting any time.
If I were you, I will try to talk with a couple of lawers to see if your LC is still valid. If not, I will start LC immidiately.
If you can't take advantage of your LC, I think you'd better start LC with your new employer. In case your 485 got denied in the future, you have started your new process without wasting any time.
If I were you, I will try to talk with a couple of lawers to see if your LC is still valid. If not, I will start LC immidiately.
Hi Blizzard
Absolutely no problems for you. Keep working for your new employer while waiting for your 485 approval using AC21. Since your LC and 140 have been approved you have already crossed half of the river.
Don't worry about 180 days rule.
As per Lawyer Sheela Murthy 180 days count is not in respect to the date when YOU CHANGE JOBS , BCIS must not adjudicate your case within 180 days (Probability of which is ZERO) Thats all.
Stop worrying. But collect information as what to submit, in case BCIS issues an RFE since you have changed employers.
BCIS may ask for the follg at the time of adjudicating your case
Current employment letter
Recent paystubs
If you decide to voluntarily tell BCIS that you have switched jobs using AC21 (not recommended by most of this forum members)
Get a lawyer to submit a letter saying that you are using AC21.
Absolutely no problems for you. Keep working for your new employer while waiting for your 485 approval using AC21. Since your LC and 140 have been approved you have already crossed half of the river.
Don't worry about 180 days rule.
As per Lawyer Sheela Murthy 180 days count is not in respect to the date when YOU CHANGE JOBS , BCIS must not adjudicate your case within 180 days (Probability of which is ZERO) Thats all.
Stop worrying. But collect information as what to submit, in case BCIS issues an RFE since you have changed employers.
BCIS may ask for the follg at the time of adjudicating your case
Current employment letter
Recent paystubs
If you decide to voluntarily tell BCIS that you have switched jobs using AC21 (not recommended by most of this forum members)
Get a lawyer to submit a letter saying that you are using AC21.
Last edited by a moderator:
Thanks a lot!
Thank you guys for the answer. I think this is what this forum is about: help each other.
It makes no common sense if I worked 60 days less, I could not get my Green card. Why the two month matters if I have worked for the employer for many years?
I will started working and get paid instead of worrying.
Thank you guys for the answer. I think this is what this forum is about: help each other.
It makes no common sense if I worked 60 days less, I could not get my Green card. Why the two month matters if I have worked for the employer for many years?
I will started working and get paid instead of worrying.