Transfer to another compnay wtih an approved Labor and Approved 1-140 and a current H

vingogs

Registered Users (C)
I have a strange information request.

My wife works for a company, through which she has a approved labor, then an approved I-140 and we both filed One 485 each and both have EAD and its been over 2 years in this status
I work for a company, through which I have a Approved Labor and an Approved 1-140, waiting to file my 485, not filing it since one can only have one 485 at any point in time and I already have one through my wife's GC. I have also choosen not to use my EAD (through my wife's GC) and continued extending my H-1 (Well beyond the 6 year term).
Now the question is can I transfer to another company using my approved Labor and approved I-140 (again don't want to use wife's EAD). Logically, I need to apply for a H-1 tranfer, I would guess, but is it possible. I really need an answer since I might lose my job and want to proactively jump to another company. Thanks for any help.
 
I have a strange information request.

My wife works for a company, through which she has a approved labor, then an approved I-140 and we both filed One 485 each and both have EAD and its been over 2 years in this status
I work for a company, through which I have a Approved Labor and an Approved 1-140, waiting to file my 485, not filing it since one can only have one 485 at any point in time and I already have one through my wife's GC. I have also choosen not to use my EAD (through my wife's GC) and continued extending my H-1 (Well beyond the 6 year term).
Now the question is can I transfer to another company using my approved Labor and approved I-140
What do you mean by "using my approved Labor and approved I-140 ". You transfer to another company by filing H1 transfer. Your LC and 140 actually belong to your current employer, not you. If you want to know that if your LC and 140 can be assigned to your new employer, the answer is no. Ofcourse you can keep your LC PD.
(again don't want to use wife's EAD).
You both have your 485's filed. Whose 140 is the base does not matter. So the EAD that has your name on it is "YOUR" EAD, not your wife's EAD as you mention. Overall, it is better to maintain H1 until GC is approved, just to cover any denials etc.
Logically, I need to apply for a H-1 tranfer, I would guess, but is it possible.
Yes, you can apply for H1 transfer, it is possible. Who said it is not possible and why?
I really need an answer since I might lose my job and want to proactively jump to another company. Thanks for any help.

If you think you may loose job then change to another company using H1 transfer. Remember, you will losse that approved LC and 140 once you transfer to another company. In one case you can file 485 on the same 140, i.e. if this employer gives you a offer to come back and join again ( you do not have to actually join, just the intent and offer is enough).
 
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Eric, Thanks for your input and apologies for not having done a good job with explaning the situation well, Let me make another attempt here:

My Company: ABC
My Wife's Company: XYZ
My Labor, I140, EAD, 485 and H1: ABC-LABOR, ABC-140, ABC-EAD, ABC-485, ABC-H1
My wife's Labor, I140, EAD, 485 and H1: XYZ-LABOR-MRS, XYZ140MRS, XYZ-EAD-MRS, XYZ-485-MRS, XYZ-H1-MRS
My 485, EAD as aderivative (dependent) of my wife's GC process: XYZ-485-MR, XYZ-EAD-MR

Now, My wife has a approved labor XYZ-LABOR-MRS, approved 140 XYZ140MRS, valid EAD XYZ-EAD-MRS and pending 485 XYZ-485-MRS.

I, as a derivative (dependent) on my wife's GC have a Valid EAD XYZ-EAD-MR and a pending XYZ-485-MR.

And I still work for company ABC and have an approved ABC-LABOR, ABC-140 and still hold a valid H-1 ABC-H1 extending me beyond the 6 year limit. Since I already have a derived pending 485 on my name XYZ-485-MR, I will not be able to file another 485 through my company ABC, ABC-485.

Now the problem is I might lose my job with ABC and so want to take a proactive stand on it. Can I trasfter to a new Company (DEF) by applying for a new H-1 DEF-H1 and take my approved labor ABC-LABOR and my approved 140 ABC-140?

Also What I have read so far in your reply is:

Except for my original ABC PD date, I cannot carry ABC-LABOR and ABC-140. Right?

Thanks for your help. Any inside information will help.
 
that's true you can only carry your original ABC PD and use your I-140 to file three year extension but you cannot carry your labor and I-140. I changed the job after 7 years and used my old company's approved I-140 to get 3 year extension.
 
as long 180 days passed after u filed 485,u dont need to transfer anything..u can just use yourac21 right
 
>> Can I trasfter to a new Company (DEF) by applying for a new H-1 DEF-H1
It will be called a "H1 transfer" and not a "new H1" (minor detail), but yes, your new company DEF file for H1 Transfer.

>> and take my approved labor ABC-LABOR and my approved 140 ABC-140?
No, as I said, ABC-LABOR and ABC-140 belong to ABC, you can only take advantage of its PD and also use approved 140 to get 3 year extension of H1 if you are beyond 6 years of H1. You will need a copy of approved 140 though to get 3 yr extension.

Just to reassure you, even if you loose job with ABC and cannot find a new job soon enough, your immigration status is protected because you have a pending AOS (485).
 
What about your GC Then?

that's true you can only carry your original ABC PD and use your I-140 to file three year extension but you cannot carry your labor and I-140. I changed the job after 7 years and used my old company's approved I-140 to get 3 year extension.

Assuming that you dont have any other contingency GC processing, even if you tranfer to another company by securing a 3 Year H-1 Extension using old company approved I-140, what is the status on your Exisitng Green card (the only GC you have processing for you). This transfer H-1 will only buy you time to remain and work in this country, what about your Green Card? Thanks for your reply. Vin Gogs
 
Eric, One more Question on the same lines

>> Can I trasfter to a new Company (DEF) by applying for a new H-1 DEF-H1
It will be called a "H1 transfer" and not a "new H1" (minor detail), but yes, your new company DEF file for H1 Transfer.

>> and take my approved labor ABC-LABOR and my approved 140 ABC-140?
No, as I said, ABC-LABOR and ABC-140 belong to ABC, you can only take advantage of its PD and also use approved 140 to get 3 year extension of H1 if you are beyond 6 years of H1. You will need a copy of approved 140 though to get 3 yr extension.

Just to reassure you, even if you loose job with ABC and cannot find a new job soon enough, your immigration status is protected because you have a pending AOS (485).

Assuming that I didnt have any other contingency GC processing, even if I transfer to another company (DEF) by securing a 3 Year H-1 Extension (DEF-H1) using old company approved I-140 (ABC-140), what is the status on my Existing Green card (ABC's GC Processing). This transfer H-1 (DEF-H1) will only buy me time to remain and work in this country, what about my Green Card? Thanks for your reply. Vin Gogs
 
Assuming that I didnt have any other contingency GC processing, even if I transfer to another company (DEF) by securing a 3 Year H-1 Extension (DEF-H1) using old company approved I-140 (ABC-140), what is the status on my Existing Green card (ABC's GC Processing). This transfer H-1 (DEF-H1) will only buy me time to remain and work in this country, what about my Green Card? Thanks for your reply. Vin Gogs

Your ABC’s GC processing will continue until your ABC’s employer revoke I-140 or 485 ( If you have submitted) and you will have option to go back to ABC if company is ready to take you back.
 
Assuming that I didnt have any other contingency GC processing, even if I transfer to another company (DEF) by securing a 3 Year H-1 Extension (DEF-H1) using old company approved I-140 (ABC-140), what is the status on my Existing Green card (ABC's GC Processing). This transfer H-1 (DEF-H1) will only buy me time to remain and work in this country, what about my Green Card? Thanks for your reply. Vin Gogs

In the situation that you have mentioned, in real world, if you do not have any other 485 filed, you will definitely file the 485. Once you cross 180 days, then you switch the company and your GC stays alive.

For discussion purpose, if you strictly want to follw the situation you mentioned and you do not file 485 even after 140 is approved, then you are just using that LC/140 to get H1 extension and to retain PD. At a later date, if the employer is willing to give you a job offer, then you can file 485 at that time. You do not have to join back immideately as the GC is for future job. Once 485 gets approved, then you join back... or some people never join back saying they are covered by AC21.

I think I know where you are getting with this discussion. You want to know that once you change your job and for some reason, your wife's 140 get revoked or something (highly unlikely), then what you do. So if your employer does not revoke your 140, then you can get a offer letter from the employer and either file new 485s or within 30 days of denial of your wife's 140, you can interfile those 485s to your 140. The key is your 140 should still be valid (not revoked by employer).

i hope your wife's 140 stays valid and you never have to go this route.
 
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