Labor transfer????

J

jam007

Registered Users (C)
Hi,

I got my LC approved. But if I change employer with the same position in the new company, can I bring my approved LC to the new company for filing I-140/485?

Thanks for any comment.
 
No, you can't use LC with different employer.

But if you have I-140 approved on the LC from the same employer & I-485 is pending over 6 month, you can use AC-21 to change the employer.
 
Ability to pay

Hi,

Thanks for reply. My 2nd question is that is there any chance to get my i-140 approved with my current situation as below:

1. Very small company (3 salary employees) with annual gross income about $300,000 for last two years.
2. The company pay employee half of salary by cash and half by stock option since 2002.

Do I continue filing I-140/485 or change employer from the begining for GC?

Thanks for your input.
 
If I were you, I would go ahead & apply for I-140/I-485 (concurrent filing) & wait for 6 months to change Jobs...

After 6 months I can use portabality / EAD to change my job & let INS know about New Employer (Which has ability to pay !!)
 
Thansk for your suggestion. According to AC21, I may change employer after filing I-485 for 180 days. But if my I-140 is denied, I-485 is no longer valid. what's my status after that?
 
I would add point:

Keep papers ready to withdraw 485 at any point. You may need it in case there is issue with 140. If RFE comes on ability to pay - weigh the situation again and maybe withdraw 485(let 140 continue.).
 
What is the logic behind withdrawing I-485 while keeping I-140?

I would say: Reply to RFE as best as you can and wait for the result.

Originally posted by Jharkhandi
I would add point:

Keep papers ready to withdraw 485 at any point. You may need it in case there is issue with 140. If RFE comes on ability to pay - weigh the situation again and maybe withdraw 485(let 140 continue.).
Click to expand...
 
Originally posted by usnycus
What is the logic behind withdrawing I-485 while keeping I-140?

I would say: Reply to RFE as best as you can and wait for the result.
Click to expand...

Well the logic is that even if 140 goes down, there won't be any chance of 485 being rejected. This will lessen issues while applying for GC next time.

Also if 485 is rejected, it may cause more problems in getting on H1b again.
 
There won't be any issue in future with H1/I-485 just because previous I-485 got rejected. Each and every case gets approved/rejected on it's own merit.

Case scenario presented here might get into trouble at I-140 because of the employer ability to pay and has nothing to do with the beneficiary. I would say don't withdraw anything even if RFE shows up during I-140.
 
I have different opinion. I have seen people being rejected one on visa and facing problems for another type later.

Also in part 3 of 485 you have to mention if you have applied it(when filed next time). I would suggest be cautious rather than repent later.

Also AOS is rejected, you have to appeal or leave USA and if appeal goes against you - you have to leave anyways. You do not have to leave USA if 140 is rejected - another point.
 
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