transfer of PD from old LC to new LC

[gcwhenever]

If anyone can help with my questions below, would greatly appreciate it!

I had an approved LC from my old employer (but they did not file I-140) and I recently changed jobs (too good an opportunity to pass up to wait for I-140).
My new employer's attorneys are saying that if I can get a copy of the approved old LC (i.e. Form ETA), I can transfer the PD to my new immigration case.
I was under the impression that you can only transfer PDs if I-140 is approved.
Anyone know if this is possible?

Also, my old employer is refusing to give me the Form ETA (although they gave me the letter from DOL showing certification of LC with case#). They do not plan to use the LC for any other employee.
Is it possible for me to get a copy of Form ETA from DOL directly, or is this the property of the employer?
If it is possible, can someone send me the number to call at DOL?

Thanks in advance for all replies!

 

[bharatpremi]

In my opinion your understanding is correct and logically if you think, While you file I-140 you declare your intention to immigrate. Till then you do not declare your intention to immigrate. So old I-140 has to be approved before porting the old PD to new file. And if based on old approved LC porting can be worked out then it is a good melody to my ears..Somebody can shed more light on this?

-- Suggestion: I think moving this thread to I-140 forums (Which is appropriate as well) would bring more experienced replies...

If anyone can help with my questions below, would greatly appreciate it!

I had an approved LC from my old employer (but they did not file I-140) and I recently changed jobs (too good an opportunity to pass up to wait for I-140).
My new employer's attorneys are saying that if I can get a copy of the approved old LC (i.e. Form ETA), I can transfer the PD to my new immigration case.
I was under the impression that you can only transfer PDs if I-140 is approved.
Anyone know if this is possible?

Also, my old employer is refusing to give me the Form ETA (although they gave me the letter from DOL showing certification of LC with case#). They do not plan to use the LC for any other employee.
Is it possible for me to get a copy of Form ETA from DOL directly, or is this the property of the employer?
If it is possible, can someone send me the number to call at DOL?

Thanks in advance for all replies!

 

[gcwhenever]

In my opinion your understanding is correct and logically if you think, While you file I-140 you declare your intention to immigrate. Till then you do not declare your intention to immigrate. So old I-140 has to be approved before porting the old PD to new file. And if based on old approved LC porting can be worked out then it is a good melody to my ears..Somebody can shed more light on this?

-- Suggestion: I think moving this thread to I-140 forums (Which is appropriate as well) would bring more experienced replies...

the attorneys said that after I-140 approval you can definitely port it, but they said that unofficially you can request for porting even after LC approval only.
They have experienced this with a few (not many) cases, so what is there to lose by trying?

do you know which number to call at DOL for help on this?

 

[bharatpremi]

the attorneys said that after I-140 approval you can definitely port it, but they said that unofficially you can request for porting even after LC approval only.
They have experienced this with a few (not many) cases, so what is there to lose by trying?

do you know which number to call at DOL for help on this?

No, I do not know.