Is this possible ?

[labornc]

One of my friend's I140 was denied and he had changed employer after getting EAD before even completing 180 days. The sponsoring employer agreed to respond to RFE's positively. But due to inablility to pay 140 was rejected. New employer's lawyer is saying that they can start his GC based on LC received from his old employer. My friend is already in his 7th year.

Is that possible ?

Please reply if you have come acrossed similar or a little variation...

UnitedNations or sarwarmd your experiences are valued...

Thanks in advance

 

[sarwarmd]

yes

this is very much possible. In my case, there was an RFE which is responded my second employer and I am waiting for approval of H1 for my second employer.

 

[labornc]

Thanks and appreciate your response..

Do you mean that your case is being handed over to second employer? Have they also started Green Card process from scratch ?

this is very much possible. In my case, there was an RFE which is responded my second employer and I am waiting for approval of H1 for my second employer.

 

[labornc]

Thanks unitednations!! Your experiences always amaze me and wonder how are you able to answer all questions addressed to you..

From what I understand, the lawyer is saying that you can transfer the labor from the old company to the new company and apply for an I-14 with the new company using the old labor.

The easy answer is that this cannot be done.

There is only two circumstances which this can be done.

The first one is if the new employer buys the first company that applied the 140 for you.

The second scenario is if they can get a "no objection transfer certificate" from the first company to the second company. This is sometimes successful if the labor hasn't been approved yet and you get the state labor agency to do it. However, once the labor has been approved and you want to do an employer substitution then you have to ask uscis to do it. One lawyer said that there is less then 1% chance of success if you try employer substitution.

 

[gckajadoo]

Thanks unitednations!! Your experiences always amaze me and wonder how are you able to answer all questions addressed to you..

Well, Unitednation is among the genius members of this forum. He knows everything about US Immigration Law