Same Labor, can we file another 140 (if approved I-140 guy used AC 21 )

[myitneeds]

Same Labor, can we file another 140 ( if approved 140 guy used AC 21 )

Hi friends

GC Labor is filed for Consultant X, and filed I-140. got approved, I-485 also filed, and after 6 months that consultant used AC 21 and changed employer.... ( I -140 approved, and after 180 days of I-485 used AC21 )


Now question is , can we use that same labor for consultant Y and file new I-140 for him ???

I appreciate your input...

 

[vicky007]

No. If the other Guy has already wrote to the USCIS for using AC21 for Portability,his communication with USCIS would get precedence.

Regards.

 

[pachya]

pre-approved labor + 140 and H1 ?

I've exhausted my 6 years. I am on EAD. If I get pre-approved labor and file I-140, does that guarantee me the 7th year H-1 ? On the fact that labor is approved and 140 is filed ?

Thanks,
Pahcya

 

[pachya]

Thanks UN. I contacted a reputed law firm on this and they said that since it might be considered new H-1, I need to go out of USA and get new stamping and the fact that is that it is only for 2 months, it could be risky.

Has someone done this ? Coming on usa for h1 of 2 months ?

Also wrt sub. labor > 1 year, you mean the original labor filing date ?


Can't I straight away, get one year NEW/ext. h1b based on sub-labor + 140 while on EAD ? I suppose then it will be safe to go out and comeback on "7th" year. Any comments ?

Thanks.

 

[H1BneedGC]

I've exhausted my 6 years. I am on EAD. If I get pre-approved labor and file I-140, does that guarantee me the 7th year H-1 ? On the fact that labor is approved and 140 is filed ?

Thanks,
Pahcya

Pachya,

You mentioned that you are on EAD meaning your 485 is pending?? How about 140?? What I don't understand is why are you looking for pre-approved labor? Why don't you use the pending 140/485 applications to file a H-1 extn. You can do that. If the Labor that you have used (either your labor or a subs labor) was filed 365 days before OR if your 140 is filed more than 365 days ago, you are eligible for a 7th yr. extn.

Guys, correct me if I am wrong.