Can I use approved LC with same job description/location but diff. employer?

[dillon]

My LCert. has been approved with Employer 'A'.
I have had a job offer from Employer 'B' - same job title/description/salary/location. Can I file the I-140 & I-485 with new Employer 'B' ? Employer 'A' has no objection to this & Employer 'B' is willing to sponsor my green card app.

 

[an_anonymous]

LC not portable.

Unfortunately, Labor Certificate is not portable. It is the property of the employer and can be used only by the employer. Meaning, it cannot be transferred to another employer.

You could do one thing, since your employer who sponsored your LC is going to support you, you could file I-140 + I-485 through the same Employer, join employer B through on H1, on getting your I-140 approved (hopefully by then, you would have also crossed 180 days on your 485) you can then invoke AC21 and be with Employer B (you will need to provide a Employment letter from B that the job is similar to that of A).

My 2 cents...Hope this helps!!!

Cheers,
anonymous

 

[dillon]

You could do one thing, since your employer who sponsored your LC is going to support you, you could file I-140 + I-485 through the same Employer, join employer B through on H1, on getting your I-140 approved (hopefully by then, you would have also crossed 180 days on your 485) you can then invoke AC21 and be with Employer B (you will need to provide a Employment letter from B that the job is similar to that of A).

Thanks for your response - much appreciated.
With H1 I would still have to start from scratch by applying for a new LCert before I could join Employer B - this took over a year to process last time - since I can invoke AC21 after 6 months would I gain anything by going the H1 route?