Is it possibe to use approved I-140 to another?

M

mv_vsc

Registered Users (C)
Experts please comment on this,

1. Can employer reuse the approved I-140 to some other employee instead of benificiary and start 485 directly?.

2. Is it possible?

3. I believe employer can revoke before 140 approved and
before 180 days of I-485 filing date and use same labor for another potential employee.


I know that an employee can pick up approved labor and start concurrent processing (I-140 & I-485) if required conditions are met.

Thanks.....
 
Originally posted by nkm-oct23
I-140 is employee specific. Only LC can be used for another person, not I-140.
Click to expand...

That's correct. In theory, you might be able to withdraw the I-140 or revoke it and then reuse the LC, but I don't know what the case law says on this. I also don't know what effect AC21 would have.
 
I hope the below info provided by Murthy is wrong she replied that approved I-140 can be substituted for other employee. As we know employer can only use the approved LC for other employee. This info from Murthy is confusing and I have read first time.
http://www.murthy.com/chat1110.html

Chat User : Can we substitute the approved I-140 of one employee for another in the same company?

Attorney Murthy : Generally, it is possible to substitute one approved I-140 for one employee with another employee if the initial employee has left the employer or been terminated. Two people cannot benefit from the same I-140 approval except, possibly, when the I-140 petition has been approved and the I-485 has been pending in excess of 180 days under AC21.
 
Originally posted by ginnu
Attorney Murthy : Generally, it is possible to substitute one approved I-140 for one employee with another employee if the initial employee has left the employer or been terminated. Two people cannot benefit from the same I-140 approval except, possibly, when the I-140 petition has been approved and the I-485 has been pending in excess of 180 days under AC21.
Click to expand...

My gut feeling is that Sheela is referring to the underlying LC, not the I-140 itself. Although your name is on the ETA750B for a Labor Cert, what your employer is essentially doing is stating that you want to hire an alien with X qualifications for job Y.

The I-140 tells USCIS that you've found the alien with X qualifications, and it happens to be you. That links the requirements for the job with the qualifications of the alien. You cannot substitute an I-140 because it's for a specific alien, and USCIS needs to determine if the new alien beneficiary has the required qualifications as mentioned in the LC.

To do that, you withdraw the original I-140 and file a new one for the new alien with the existing LC.
 
Yes this is even more advantageous for people who have an approved I-140 and do not have any LC. I am talking about L1 A people.

In that case if your 485 is pending for 180 days and I-140 has been approved you can switch employers ..Your original employer can not do anything..They might decide to withdraw your approved I-140 but it will have no impact on your 485 under AC21..
 
You must log in or register to reply here.
Top