Keep You Old Labor Cert. with a New Employer

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Keep Your Old Labor Cert. with a New Employer

All,

I read this on the other web site.
http://www.eimmigration.org/1index.html
I do not believe it could be true although I hope. Does anybody out there can verify this? If this is true it is great news for many of us. Thanks.

Subject: Keeping your old Labor Cert. with a new Employer
Author: Brian LernerDate: 8/12/2003 11:43 am PDT

Question: I have spent the last four years waiting for my Labor Certification to be certified. Finally, this has happened. I’m not sure if my employer will still keep sponsoring me after waiting all this time. Is there anything I can do to better protect myself?

Answer: Yes. There is a law known as AC21 which stand for the American Competitiveness Act in the twenty-first century. There is a provision in this particular law that might be able to help you. Normally, after the Labor Certification is approved, you would apply for what is known as the I-140 or employment based petition. In the past this would take from three months to over one year to adjudicate. Afterwards, you would then be able to apply for the Adjustment of Status or the final part of the Green Card processing. Under AC21 you are now able to file the I-140 and the Adjustment application at exactly the same time. You do not need to wait for the I-140 to be approved.

Question: Why would I want to file them at the same time and how would that help me if my employer decides at a later point to stop helping me?

Answer: There is a provision in this law that might be very beneficial to you. If the Adjustment of Status application has been pending for more than 180 days since it was filed and the BCIS has not made a decision on that application, you can move to another employer as long as the employment is a similar type of position.

Question: What about the I-140 petition? What if I move to another employer and the I-140 petition is still pending?

Answer: That is the key. If the Adjustment Petition has been pending for more than 180 days, then the I-140 petition will also transfer to the new employer. Even if the employer revokes or withdraws the petition after 180 days, it will not matter. You will still be able to work at the new employer. The critical time-frame here is the 180 days after the Adjustment package was filed. Thus, it would be in your benefit to get both the I-140 and the Adjustment filed at exactly the same time so that the 180 days begins to start running. In this way, you will not have to lose all of the years you have waited for your immigration papers to go through.
 
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AC21 up in the air

Iam exactly/somewhat in the same boat.....Labor peition cleared after nearly 2.5 yrs.........
AC21 is currently up in the air.. My lawyer suggests that we can change job after "180" days filing of concurrent 140/485...
AC21 if youve read carefully does not mention that 140 has to approved in order to change jobs after 180 days....
But heres the crux.....A lost of recognized lawyers including Sheela Murthy, Shusterman have said in BOLD lines that TO USE AC21 ...one has to have 140 approved and 485 should be pending for at least 180 days....
Changing jobs while 140 pending is RISKY??

So whose right ???? ................

PS:
By the way.....140 in Vermont svc center takes app. 15 months currently
 
Past Employer LC cannot be used for new employer but if past employer filed I-140 and not revoked and your I-485 filed and pending you should read AC21 recent BCIS Memo, if I-140 was NOT filed by previous employer no benefit to you of that past employer LC
Past employer approved LC can only help you to get 7th year H1 extension if you have the complete copy of LC with you
 
When exactly does the 180 days start? My lawyer (who seems to always take a conservative approach) says that it is unclear. It could start when the I-140 and I-485 are filed together, or more likely the 180 days does not start until after the I-140 has been approved.

Is there any clear decisive information on this?

This article also doesn't menton the fact that you have to be let go, ie laid off from the employer. You can't voluntarily leave or the 180 day rule doesn't apply.

Doug.
 
I don't know, where these guys took such information, but in AC21 it's written, that I-140 MUST be approved.

And everythere in this document it's mentioned about approved I-140.

So, if you gonna loose your LC, change an employer before approval of 140.

Otherwise (if you still want to get your GC) stay with your current one till your 140 approved.

I'm in the same boat, so I'va read this document and all memos to him carefully.
 
GC is for future job?

Somebody mentioned GC is for future job. You even do not require to work for sponsor company. In this sense as long as you have a company willing to sponsor you, you can work for anybody of course you have to have legal right to do so. You can even stay home right? I am really confused.
 
Yes. From my understanding as long as there is a valid future job offer described in LC, you could keep your GC process even you stay at home after filing I485. To stay with sponsoring company until I140 approval is because otherwise your sponsoring company may revoke or withdraw the I140 application when the employee quits the job.
 
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