1. I am currently in the labor certification process. Can my labor certification be transferred to another employer or to a different position or location within my current employer?
No. Your labor certification is employer specific, job specific and location specific. It cannot be used for a permanent residency application with another employer. If you change jobs or locations at your current company, or leave your employment with them, you will need to start the process over again in the new position.
2. My labor certification has been approved and my I-140 immigrant petition has been filed. Can that be transferred to another job with another employer or to a different position or city within my current employer?
No. Your I-140 is based on the position/employer/location described in the underlying labor certification. A change in employer would require the filing of a new labor certification application and a new I-140 immigrant petition.
3. I have heard that I can “use” my I-140 with a new employer once it has been approved. Is this true?
Not exactly. If you are still employed by your current employer when your I-140 is approved, and you subsequently leave that employer, it may be possible for you to retain your original priority date (the date that your labor certification was filed). This will allow an advantage if there is a backlog in visas available based on your country of birth and preference category. Your new employer, however, will still need to file a new labor certification and I-140.
4. My Adjustment of status was been filed and I have received my EAD. Does my EAD allow me to leave my current employer yet continue with my Adjustment?
No. The EAD does not change the general requirement that in order for your Adjustment to proceed you must intend to accept the position with your current employer described in the underlying I-140 immigrant petition.
5. My adjustment of status has been filed but has been pending for less than 180 days. What happens if I leave my employment with my current company?
A. The immigration law allows you to immigrate only if the job for which your employer received labor certification still exists and the employer intends to have you fill it once your AOS is approved.
· If your employment stops, the underlying certified job offer is no longer valid and the AOS process may not continue.
· The law allows the employer to withdraw your I-140 so that it can be used by another employee working in the same generic position identified in the labor certification.
· The law gives “ownership” of the labor certification and the I-140 to the employer since both documents involve the employer’s obligations, not the employee’s.
B. If you have valid H-1B status and are still eligible for more H1B time [i.e., you have not used your entire 6 years], you might be able to switch your H-1B status to another employer, and you might be able to begin work for that second employer when your “new” employer has a receipt for its H-1B petition filing, rather than have to wait for the full approval of the H-1B. This would represent a savings of several months in time. This option is discussed above in Question 3.
6. My Adjustment of Status has been filed and has been pending for more than 180 days. I heard that in this case, I can leave my current employment and continue with the Adjustment. Is this True?
Under a law passed October 2000, the INS is allowed to continue processing an AOS case if it has been filed for more than 180 days even if the employee will no longer be working at the labor certification job. There are a number of conditions attached to this benefit, including the requirement that the job be the “same or similar” as the one for which labor certification was granted.
To date, INS has not issued regulations defining “same or similar”. Such questions as whether the job can be in a different geographic location
No. Your labor certification is employer specific, job specific and location specific. It cannot be used for a permanent residency application with another employer. If you change jobs or locations at your current company, or leave your employment with them, you will need to start the process over again in the new position.
2. My labor certification has been approved and my I-140 immigrant petition has been filed. Can that be transferred to another job with another employer or to a different position or city within my current employer?
No. Your I-140 is based on the position/employer/location described in the underlying labor certification. A change in employer would require the filing of a new labor certification application and a new I-140 immigrant petition.
3. I have heard that I can “use” my I-140 with a new employer once it has been approved. Is this true?
Not exactly. If you are still employed by your current employer when your I-140 is approved, and you subsequently leave that employer, it may be possible for you to retain your original priority date (the date that your labor certification was filed). This will allow an advantage if there is a backlog in visas available based on your country of birth and preference category. Your new employer, however, will still need to file a new labor certification and I-140.
4. My Adjustment of status was been filed and I have received my EAD. Does my EAD allow me to leave my current employer yet continue with my Adjustment?
No. The EAD does not change the general requirement that in order for your Adjustment to proceed you must intend to accept the position with your current employer described in the underlying I-140 immigrant petition.
5. My adjustment of status has been filed but has been pending for less than 180 days. What happens if I leave my employment with my current company?
A. The immigration law allows you to immigrate only if the job for which your employer received labor certification still exists and the employer intends to have you fill it once your AOS is approved.
· If your employment stops, the underlying certified job offer is no longer valid and the AOS process may not continue.
· The law allows the employer to withdraw your I-140 so that it can be used by another employee working in the same generic position identified in the labor certification.
· The law gives “ownership” of the labor certification and the I-140 to the employer since both documents involve the employer’s obligations, not the employee’s.
B. If you have valid H-1B status and are still eligible for more H1B time [i.e., you have not used your entire 6 years], you might be able to switch your H-1B status to another employer, and you might be able to begin work for that second employer when your “new” employer has a receipt for its H-1B petition filing, rather than have to wait for the full approval of the H-1B. This would represent a savings of several months in time. This option is discussed above in Question 3.
6. My Adjustment of Status has been filed and has been pending for more than 180 days. I heard that in this case, I can leave my current employment and continue with the Adjustment. Is this True?
Under a law passed October 2000, the INS is allowed to continue processing an AOS case if it has been filed for more than 180 days even if the employee will no longer be working at the labor certification job. There are a number of conditions attached to this benefit, including the requirement that the job be the “same or similar” as the one for which labor certification was granted.
To date, INS has not issued regulations defining “same or similar”. Such questions as whether the job can be in a different geographic location