Is LC still valid if I-140 denied?

T

twoj

Registered Users (C)
Hi, there,

My LC was approved by March 2004 and I140 was submitted in May 2004. Now I am afraid that my I140 could be denied since I was laid off this Jan and joined to the new company. I got the RFE for I140 asking for "ability to pay" from the old company. Unfortunately the old company broke its promise and would not like to provide the documents. After arguing with them by my lawyer, they finally agreed to provide some document and port my I140 to the new company based on the new memo. I think this kind response to RFE is a little bit negative and possibly be denied. My question is if denied, can I still use the old LC and file the new I-140 from the new company? My new company is in the same city and my job is almost identical.

Anybody can help? I appreciate it.

twoj

EB3
RIR LC PD may 03
I140,I485 may 04
 
Can't you use AC-21 since you filed I-485 and you were laid off after 180 days pending? That would solve all your problems.

twoj said:
Hi, there,

My LC was approved by March 2004 and I140 was submitted in May 2004. Now I am afraid that my I140 could be denied since I was laid off this Jan and joined to the new company. I got the RFE for I140 asking for "ability to pay" from the old company. Unfortunately the old company broke its promise and would not like to provide the documents. After arguing with them by my lawyer, they finally agreed to provide some document and port my I140 to the new company based on the new memo. I think this kind response to RFE is a little bit negative and possibly be denied. My question is if denied, can I still use the old LC and file the new I-140 from the new company? My new company is in the same city and my job is almost identical.

Anybody can help? I appreciate it.

twoj

EB3
RIR LC PD may 03
I140,I485 may 04
Click to expand...
 
Did you see the magic words “I-485 has been pending 180 days “in his posting? I wish I could see it.
 
Isn't AC21 eligible only if I140 is approved and I485 pending for 180 days ?
In this case, I140 is still pending.
 
Last edited by a moderator:
Actually I did - look at his signature - >>I140,I485 may 04<<
Seems to me like May 04 - Jan 05 is more than 180 days....


compiler said:
Did you see the magic words “I-485 has been pending 180 days “in his posting? I wish I could see it.
Click to expand...

Read Yates memo of 5/12/05 (as has been pointed out repeatedly here). No I-140 approval is necessary anymore....

GotPR? said:
Isn't AC21 eligible only if I140 is approved and I485 pending for 180 days ?
In this case, I140 is still pending.
Click to expand...
 
Unfortunately he said “Now I am afraid that my I140 could be denied since I was laid off this Jan and joined to the new company.” Then he said “My question is if denied, can I still use the old LC and file the new I-140 from the new company.”

The answer is No. The LC is employer specific. The end.
 
twoj said:
Hi, there,

My LC was approved by March 2004 and I140 was submitted in May 2004. Now I am afraid that my I140 could be denied since I was laid off this Jan and joined to the new company. I got the RFE for I140 asking for "ability to pay" from the old company. Unfortunately the old company broke its promise and would not like to provide the documents. After arguing with them by my lawyer, they finally agreed to provide some document and port my I140 to the new company based on the new memo. I think this kind response to RFE is a little bit negative and possibly be denied. My question is if denied, can I still use the old LC and file the new I-140 from the new company? My new company is in the same city and my job is almost identical.

Anybody can help? I appreciate it.

twoj

EB3
RIR LC PD may 03
I140,I485 may 04
Click to expand...


I have a feeling that the recent memo from USCIS may help you. If your 140 was approvable at the time it was filed, they should be able to port it to the new employer and still save your chance of getting the GC. Consult a phone or personal consultation with a good lawyer. (I recommend Rajiv Khanna or Sheela Murthy).
 
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