Comp A layoff - can I use my approved labor with comp B?

[gc_2006]

Hi,

comp A filed for labor and got approved. Comp A closed location & withdrew pending I-140 before I-485 had reached 180 days - so I am thinking that AC-21 is out of the question unfortunately.

I have found comp B willing to hire me (basically right next door to former comp A location). Since comp A shut down complete site when I got laid-off they could not have used approved labor for someone else (comp A stated that they 'were required' to withdraw my I-140 due to the fact that they did not have future bona fide job offer anymore).

1) Can comp B now file new I-140 based on previous approved labor?
2) Does comp A have to be involved in this? (I have receipt of original labor filing)

Thanks a bunch,
this whole immigration is nerve-wrecking.

 

[gcsuffer]

Hi,

comp A filed for labor and got approved. Comp A closed location & withdrew pending I-140 before I-485 had reached 180 days - so I am thinking that AC-21 is out of the question unfortunately.

I have found comp B willing to hire me (basically right next door to former comp A location). Since comp A shut down complete site when I got laid-off they could not have used approved labor for someone else (comp A stated that they 'were required' to withdraw my I-140 due to the fact that they did not have future bona fide job offer anymore).

1) Can comp B now file new I-140 based on previous approved labor?
2) Does comp A have to be involved in this? (I have receipt of original labor filing)

Thanks a bunch,
this whole immigration is nerve-wrecking.

I think you know the answer. The LC can only use for the specific company and job title. This is how the 'trap' works.

 

[gc_2006]

...unfortunately. Attorney told me today the only situation he knew of was if comp B had acquired comp A. Then we could continue the I-140 or file new. Otherwise not. I am still trying to see if I can 'resume' processing on the I-140 as I am in similar job and close to 180 days (I am not sure if they go by the lay-off date or not). There were some cases where people got laid-off before 180 days, employer withdrew and they still ended up getting their GC in the end.

Is there a way to get my hands on the notice of eithdrawal letter? CIS told me this would be sent to the original petitioning employer.

What do I have to lose? In any case, we have filed other labor plus will file PERM. I am getting to try all kinds of aspects of immigration law this way.