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Transfer of LC from one company to other.. is it possiable to do..
- Thread starter rkolmi
- Start date
Rkolmi
Check following scenario:
a) Only approved LC from company A -- U cant't transfer.
b) Approved (LC + I140) from company A -- U cant't transfer.
b) Approved (LC + I140) and Pending (less than 180 day's) I-485 from company A -- U cant't transfer.
b) Approved (LC + I140) and Pending (more than 180 day's) I-485 from company A -- U can but be carefull....
Check following scenario:
a) Only approved LC from company A -- U cant't transfer.
b) Approved (LC + I140) from company A -- U cant't transfer.
b) Approved (LC + I140) and Pending (less than 180 day's) I-485 from company A -- U cant't transfer.
b) Approved (LC + I140) and Pending (more than 180 day's) I-485 from company A -- U can but be carefull....
Jharkhandi
Registered Users (C)
rkolmi,
There is no provision of Labor Transfer as such.
But there is something called Portability of Labor Certifications and Employment Based Petitions (Known as AC21)
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Here it is:
Section 106(c) of AC21 provides that adjustment of status applicants whose cases have been pending 180 days or longer may change jobs or employers, without invalidating their underlying immigrant petition or labor certification. They must, however, engage in a new job in the same or a similar occupational classification as the one petitioned for. This relief applies regardless of nationality and nonimmigrant classification at the time of filing. It represents a major change in terms of who controls or “owns” the labor certification or employment based petition and could change the dynamics of filing.
******************************************
This is portability - that you can 'Port' processing to new place, but transfer is not possible. Also a little risk is involved in such cases.
It talks about Adjustment of Status which is 485 and has nothing to do with 140.
There is no provision of Labor Transfer as such.
But there is something called Portability of Labor Certifications and Employment Based Petitions (Known as AC21)
*****************************************
Here it is:
Section 106(c) of AC21 provides that adjustment of status applicants whose cases have been pending 180 days or longer may change jobs or employers, without invalidating their underlying immigrant petition or labor certification. They must, however, engage in a new job in the same or a similar occupational classification as the one petitioned for. This relief applies regardless of nationality and nonimmigrant classification at the time of filing. It represents a major change in terms of who controls or “owns” the labor certification or employment based petition and could change the dynamics of filing.
******************************************
This is portability - that you can 'Port' processing to new place, but transfer is not possible. Also a little risk is involved in such cases.
It talks about Adjustment of Status which is 485 and has nothing to do with 140.
Rkolmi
Check this website if u need further info on AC21:
http://www.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.pdf
Check this website if u need further info on AC21:
http://www.ins.usdoj.gov/graphics/lawsregs/handbook/ac21guide.pdf