I-140 Transfer possible?

M

macjoubert

Registered Users (C)
I am getting tired of this wait for immigrant visa numbers, recently I got another job at a company with some excellent credentials and am thinking of new ideas to remedy my situation.
Currently I am on H1-B but have my I-485 and I-140 pending since 2003 Nov, and have Adv Parole and EAD, but my wife still hasn't been added as there aren't any visa numbers available.
Now since I applied through EB3 the wait is over 2 years(Currently April 2001), I am wondering if I can do something like this:
The new company sponsors my H1-B and files a fresh PERM Labor under EB2,when that clears I use my already approved I-140 and transfer the new Labor to that old I-140 to take advantage of the PD which is now EB2 PD.

Is this possible, any ideas?
Before asking the lawyer I would appreciate advanced information regarding this to make a better case.
Thanks
 
You can use AC21 and change jobs without having to re-file Labor & 140.

macjoubert said:
I am getting tired of this wait for immigrant visa numbers, recently I got another job at a company with some excellent credentials and am thinking of new ideas to remedy my situation.
Currently I am on H1-B but have my I-485 and I-140 pending since 2003 Nov, and have Adv Parole and EAD, but my wife still hasn't been added as there aren't any visa numbers available.
Now since I applied through EB3 the wait is over 2 years(Currently April 2001), I am wondering if I can do something like this:
The new company sponsors my H1-B and files a fresh PERM Labor under EB2,when that clears I use my already approved I-140 and transfer the new Labor to that old I-140 to take advantage of the PD which is now EB2 PD.

Is this possible, any ideas?
Before asking the lawyer I would appreciate advanced information regarding this to make a better case.
Thanks
Click to expand...
 
I am under impression that you can do AC21 only if your i140 is approved and 485 is pending more that 180 days , am I wrong ?
 
punjabi007 said:
I am under impression that you can do AC21 only if your i140 is approved and 485 is pending more that 180 days , am I wrong ?
Click to expand...

correct, and i believe macjoubert can invoke AC21. The AC21 section in this forum has a lot of info on this.
 
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