For UN and other gurus: Is LC portable?

[aws]

I have following two Qs:

1) Is an approved LC portable? (AC21 did mention about it)

2) If your current employer withdraws your I-140, can we use the approved LC to file a new I-140 from a new company?

Please respond, thanks!

 

[ginnu]

I have following two Qs:

1) Is an approved LC portable?
----- NO
(AC21 did mention about it)
----- but if you are eligible to use AC21 then LC is valid for you
2) If your current employer withdraws your I-140, can we use the approved LC to file a new I-140 from a new company?
-----NO, NO
Please respond, thanks!

 

[Sabu]

LC is the property of the EMPLOYER, not the employee. Employer can substitute for anybody. But employee will loose the control when he/she leaves the employer.

naanshi.

 

[Jim Mills]

Actually, YES, the LC is portable to another employer with certain exceptions. This is very cutting edge stuff that was discussed in detail at the AILA seminar in June. It can be done but it absolutely requires the cooperation of the former employer. The new position must be the same and in the same geographic area. It is much easier to do before the LC is approved.

There are probably only a few hundred attorneys in the US that have done this. It is not easy and it certainly is somewhat risky, but it is possible.

 

[aws]

Pl. clarify more

Jim,

What about portability of an approved LC to a new employer, provided that the new job and location is exactly the same as described in the original LC?

Thanks.

 

[hadron]

I think the question was more along the lines of:

If I jump ship at the company that went to great lengths to get my LC approved, can I take it with me, even if the company rather saw me dead than alive.

You can take the benefit of an approved I140 with you if you leave after >180 days without the employers consent, this is what AC21 was about as I understand it.

If the employer withdraws the I140 before the 180 days they get the LC back and can use it on someone else.

 

[whorl1quote]

I did ask my lawyer about the same question. What she thinks that it's cannot be done because the company names on LC and I140 will be different, unless you can prove the two companies have parent-child or subsidary relationships.

jim mills, would appreciate if you can clearify in more details.

 

[Jim Mills]

I did ask my lawyer about the same question. What she thinks that it's cannot be done because the company names on LC and I140 will be different, unless you can prove the two companies have parent-child or subsidary relationships.

jim mills, would appreciate if you can clearify in more details.

There was an entire 2 hour AILA seminar on this. It is far too detailed and fact specific to just give an outline of how to do it. As I said above, it is risky and the location and job must be the same (this is not the "similar" analysis under AC21) and the former employer must cooperate. If all of the above are done, it is possible, but risky.

 

[Jim Mills]

I think the question was more along the lines of:
If I jump ship at the company that went to great lengths to get my LC approved, can I take it with me, even if the company rather saw me dead than alive.

You can take the benefit of an approved I140 with you if you leave after >180 days without the employers consent, this is what AC21 was about as I understand it.

If the employer withdraws the I140 before the 180 days they get the LC back and can use it on someone else.

If that was the question, I answered it when I stated "it absolutely requires the cooperation of the former employer."

 

[hadron]

> If that was the question, I answered it when I stated "it
> absolutely requires the cooperation of the former employer."


I just wanted to emphasize that point. Some people pick up something here, misunderstand it and then start arguing about it. (pretty soon there will be an angry discussion in some other thread with the argument: 'but Jim Mills said that the LC is transferable and you can take it with you, you <insert expletive here> .)