Is I-140/Labor transferrable?

K

kvasu9999

Registered Users (C)
Forgive me if it's already answered in this forum. I tried to search but couldn't get the right answer.

I have I-140 approved from my previous employer. Then the date was not current, hence I couldn't apply for my I485. Later I had to change the employer.

I was wondering if there is any way we can transfer the I-140 or Labor to my new employer and continue from there.

I heard many saying YES and many saying NO. I'm wondering what's the real thing.

Greatly appreciate your help.

Finest Regards.
kvasu9999
 
Kvasu9999

I-140 & LC, both are not transferable. They belong to employer not the employee.

One can use AC21 to change employer after 180 days from filling 485. But based on information you have posted, you won't qualify for that......
 
Last edited by a moderator:
You can try this:

A trick to file I-485 without your I-140 sponsoring company
-----------------------------------------------------------

For people who lost their job or joined a new company after
I-140 is approved but before I-485 is filed with their I-140
sponsoring company.

You need:
1) Receipt or approval notice or your approved I-140
2) There is no need for I-140 sponsoring company's employment
letter.

How it works:
1) Find a lawyer to file. Put everything in the application
except your I-140 sponsoring company's employment letter.
2) INS doesn't check employment letter until the final stage
of I-485 processing. So you got your I-485 receipt.
3) When they check your stuff later, they will find that
you are missing the employment letter. This will prompt an
employment RFE.
4) Respond to the RFE with employment letter from your new
job. Ask your lawyer to include an AC21 letter that
explains that you can enjoy the benefits of AC21.
5) YaY! You get approved!

Risks:
1) Your I-140 sponsoring company can withdraw your I-140.
Nothing you can do except you maintain a good relationship
with your old employer.
2) Your case is adjucated before 180 days of the I-485 RD.
This risk is low because they have to issue you the RFE
90 days after RD.
3) You need a new job. This may or may not be easy in
this market.
4) Obviously this is a loophole in the whole process. It
may be cracked down in the future.
 
Similar condition

I have similar condition.

I have approved I-140 from my first employer. I then, switched to a perm position (That time it was taking 1.5 yrs for priority date to be current). That company laid me off. After two months or so, I found one more company which did my H1 and I'm ok now.

My question is, if I go back to my very first company and if they are ready to file 485 from where I left, will there be a problem??

I checked on murthy.com and it says the I140 is valid indefinitely.

Anybody has seen such case, please reply ASAP.


Thanks

~ P
 
It's possible to go back to the former employer since the I-140 is valid indefinitely. This, like most other answers I've been giving today for some reason, is very fact dependant. You could have problems since there was a gap but the nature or the problems could vary, as could the magnitude. You really need to discuss this with the attorney who will be filing the I-485 so at least the some of the possible problems have been anticipated.
 
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