Should I apply for LC and I140 again?

[badrinathn]

Hi,

My LC cleared in 2003 (PD SEP 2003) and I140 and I485 were concurrently filed. I 140 was approved in Feb 2005.

Now I am still on H1B and since I am affected by the retrogression, I need to maintain my H1B. Recently I have changed my job and applied for H1B transfer (should be approved sometime shortly) based on the pending I485 and approved I140 (over 360 days) and using AC21.

My question is -

Now that my H1B will be transferred to the new company, should I reapply for the LC and I-140 again. I thought I could carry forward the I140 from my old company as it's over 360 days and my current job title / responsibilities are very similar/ same.

Please advise if I there is any need for me to go over all the things again.

Thank you.

Badrinath

 

[TheRealCanadian]

Now I am still on H1B and since I am affected by the retrogression, I need to maintain my H1B.

Why do you "need to maintain" the H1B? Do you have dependents unable to file an I-485?

Now that my H1B will be transferred to the new company, should I reapply for the LC and I-140 again. I thought I could carry forward the I140 from my old company as it's over 360 days and my current job title / responsibilities are very similar/ same.

You thought correctly. This is exactly the situation AC21 was designed for. If the new job is "same or similar" to the LC job, no need to file the LC/I-140 again.

 

[badrinathn]

Why do you "need to maintain" the H1B? Do you have dependents unable to file an I-485?

-- Thanks RC
-- Yes I need to apply for 485 for my son. In Sep I applied for my H1B transfer (6th year ends in Jan 2007) from another company and joined that company in Oct. My H1B transfer is with the same title - and I am expecting the approval sometime this week. (My receipt date is 3/oct, and CSC is processing Oct 1st applications now).. After appling for h1 transfer based on the approved 140, my attorne also intiated the AC21

Just for clarification, if I get my H1B atpproval this week, does it mean that my AC21 is completely accepted and my I140 /LC are valid and I485 can be ported without problem?

I was reading some of the questions on this thread saying that after joining the new employer, they had to re apply for LC and I140 (keeping the same PD). Hope that doesn't apply for me. (Hope not).

Thanks.

Badrinath

 

[ginnu]

Why do you "need to maintain" the H1B? Do you have dependents unable to file an I-485?

-- Thanks RC
-- Yes I need to apply for 485 for my son. In Sep I applied for my H1B transfer (6th year ends in Jan 2007) from another company and joined that company in Oct. My H1B transfer is with the same title - and I am expecting the approval sometime this week. (My receipt date is 3/oct, and CSC is processing Oct 1st applications now).. After appling for h1 transfer based on the approved 140, my attorne also intiated the AC21

Just for clarification, if I get my H1B atpproval this week, does it mean that my AC21 is completely accepted and my I140 /LC are valid and I485 can be ported without problem?
-----------------AC21 is request to approve I-485 on the base of new job offer. H1 approval has nothing to do with AC21. H1 and I-485 are different petitions


I was reading some of the questions on this thread saying that after joining the new employer, they had to re apply for LC and I140 (keeping the same PD).
Hope that doesn't apply for me.
----------it does not apply to you as you are eligible for AC21



Thanks.

Badrinath