Help needed: Changing Company / LC in pending

B

bbmmhbb

New Member
Hi, everyone.

I am a newbie to this site but I have this urgent question need help - so thanks anyone who can have input in advance!

I am changing company and my labor certification application has been passed by California SESA to DOL this past January. the new job has a very silimar title and job description but with a much higher pay (40% higher).

My questions are:

Is there any way to continue the LC process without starting over?

If there are ways which is the best in your opinion?

Appreicate your help!

Regards,
 
If your current employer agrees to retains the job position and does not withdraw the petition, it is possible to continue with current LC processing. Your current employer will also have to file for your 140 and 485 stages when LC is approved. Once you have your 140 cleared and 485 pending for more than 180 days you can use AC21 to switch the benefits of GC to your new company.

001
 
Thanks for the tip!

My difficulty is although the company I am currently working for will not withdraw the case, the company itself is closing. So I doubt they will stay around just for me. :-)
 
Sorry to hear that. If the company closes before you can reach the milestones I previously mentioned, it will not be possible to continue (even otherwise, if there are layoff's etc, lots of RFEs may be generated). However my suggestion would be to allow the current LC to proceed (who know what the future has for your current company - they may even survive), while you apply for new LC through your new employer. Also look out for PERM - that can potentially get you through at a very fast speed, but be sure to file for LC as soon as possible.

001
Originally posted by bbmmhbb
Thanks for the tip!

My difficulty is although the company I am currently working for will not withdraw the case, the company itself is closing. So I doubt they will stay around just for me. :-)
Click to expand...
 
Even it's not what I wanted to hear but it's always good to know, thanks, 001.

anybody has different opinions?

bb
 
If your employer can show that it is merger with some other company instead of close out you can continue with Labor with that company. I do not know the practical issues. But in that case you can show/ use successor in interest.
 
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