Whether I can use A's labor certificate for B?

[sdong]

Hi, Any help will be highly appreciated.
I quit my job with company A Feb 1 last year when my labor was still pending and my H-1 would be expire on Dec 1, 2004(for six years). My labor certificate was approved last August when I was outside the country in Canada.
Now, after one year in Canada, I came back and found a job with B, now they are working on my H-1B( I assume that I can get a new 6 year H-1B after staying outside the US for one year).
My question is
1. Can company B use the labor certificate that A applied for me?
2. Is it possible that B might have reserves for H-1B (B is a very big firm), so they can still sponsor me even after the immigration announced the quota issue?
3.If I go back to work for A, can I still use the old H-1B while the same time file 140 and 485? or do they also need to get a new H-1B for me?
Thank you very much for help!

 

[nkm-oct23]

Originally posted by sdong
Hi, Any help will be highly appreciated.
I quit my job with company A Feb 1 last year when my labor was still pending and my H-1 would be expire on Dec 1, 2004(for six years). My labor certificate was approved last August when I was outside the country in Canada.
Now, after one year in Canada, I came back and found a job with B, now they are working on my H-1B( I assume that I can get a new 6 year H-1B after staying outside the US for one year).
My question is
1. Can company B use the labor certificate that A applied for me?
2. Is it possible that B might have reserves for H-1B (B is a very big firm), so they can still sponsor me even after the immigration announced the quota issue?
3.If I go back to work for A, can I still use the old H-1B while the same time file 140 and 485? or do they also need to get a new H-1B for me?
Thank you very much for help!

Labor certification is specific to an employer, a job and job location. It cannot be "ported" to another employer. However if I-140 is approved and I-485 is filed on the basis of an approved LC and the petition remains unadjudicated for 180 days or more, the beneficiary can invoke AC21 to switch jobs and still maintain the I-485 application process.