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Change of company, can take labor with me ?
- Thread starter kcb2
- Start date
kcb2 said:Hello Immigration Experts,
I am with company A. I have cleared the labor with company A. I am thinking of moving to company B. Is it possible to take the labor with me or I have to apply for Labor again with Company B.
------------- you have to apply LC again through B, if company A files I-140 for you and I-140 gets approved then one can take the PD with him.
Please suggest,
Thanks,
kcb2
One can keep the PD for life if I-140 gets approved( Reported by Matthew Oh, Attorney)
It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date
GreenCardVirus
Registered Users (C)
ginnu said:One can keep the PD for life if I-140 gets approved( Reported by Matthew Oh, Attorney)
It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date
This is the exact post by Mr Mathew Oh that prompted me to ask if I could use PD from an old approved 140 to my current 485 after using AC21.
You have the answers above ... However, please provide some more details about your case .. dates and approvals ....kcb2 said:Hello Immigration Experts,
I am with company A. I have cleared the labor with company A. I am thinking of moving to company B. Is it possible to take the labor with me or I have to apply for Labor again with Company B.
Please suggest,
Thanks,
kcb2
ginnu said:One can keep the PD for life if I-140 gets approved( Reported by Matthew Oh, Attorney)
It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date
Hi All,
I wanted to know, that as mentioned in the above para, that PD stays with the Alien unless "revoked by invalidation of the underlying labor certification application "...does this mean that if the prior employer uses your approved labour for someone else, you loose your PD even though you had your I140 cleared before he sold your Labour ?
GCDC said:Hi All,
I wanted to know, that as mentioned in the above para, that PD stays with the Alien unless "revoked by invalidation of the underlying labor certification application "...does this mean that if the prior employer uses your approved labour for someone else, you loose your PD even though you had your I140 cleared before he sold your Labour ?
Nope. It is only invalid IF AND ONLY IF your old employer revokes/withdraws/invalidates that labor certification (It is lose - lose situation for both you and your employer, so be nice to them). It means there is no job offer = no I140.
If they use LC for other employee, PD is still yours.
Only AC21 law protect you even if employer does anything. But you need to have I485 pending over 180 days.