I-140 portability to sister company - Please help

N

nite_flite

Registered Users (C)
Hi,
I have been terminated from my company (company B), but company C (which is the sister company, with a different name and tax-ID, but SAME
location) is hiring me to do the EXACT SAME job.
Both B and C is owned by the same parent company.

I have my labor approved and have filed I140 and I485 concurrently. I have not got my I140 approved as yet (Vermont) but it has been 180 since Receipt
Date (for both I140 and I485).

Questions.....

1) Can I transfer my I-140 to my new company C ( I will have to trasfer my H1B as well) without reapplying for labor again?

2) How do I inform INS of this?

Thanks in advance!!!
 
140 is not yet portable

I don't think you can do that. the 140 is owned by the company and hence till approval they control it. Can you request them to hold informing the INS till you get an approval of the 140 and 180 days from the filing of the 485 ?

If so, you can use AC-21 and change your employer
 
Thanks CantStopMe for the info.
My company is not going to withdraw the I140 BUT they are going to
inform the INS of that I cease to work for them.i.e they are formally withdrawing my H1-B. Is this going to be a problem later on during the
I-485 stage, even if I get my I140 approved.
 
options !

i am only guessing here, check with your lawyer

Use your H1 to join the new company immediately. My question is if they withdraw it, how can you use it ?? - You probably need to have the new company transfer the H1 to them and your old company inform INS that you no longer work for them

Let you 140 continue to get processed, till it gets approved. Once approved and 6 months of filing 485 is over, then use AC-21 to join the new company.

Cheers
 
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