Mutiple Labors from same company

raghukreddy

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raghukreddy Advanced Member

raghukreddy

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HI JoeF/Belle

 

 

My Company applied my labor & I-140  in 2011 & got approvals for both .

 

Recently my company moved its operations  to CA from NJ.

Now , Employer& lawyer  are saying that we need  to file  new labor & I-140 for my case.

 

 

Here my question are

 

1)Is it really need for company to do new labor for all its employee , If it moved to CA state from  NJ state?

 

2) My H1b 6 years period already expired &  My H1B  renewal need to file in Apr 2015.

Now, Can I use my old ( labor & I-140 ) approvals  which were filled in NJ to get my H1b extension.   

 

 

Thank you,

Raghu...

 

 

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JoeF Advanced Member

JoeF

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Hi JoeF,

 

If they start from scratch my GC process, Can I use my  old (  Labor & I-140 ) approve to get my 8th year H1B extension OR

Do I need to wait for new Labor approval?

 

Could you please let me know?

 

The PD can be reused, but the old I-140 can probably not be used for an H1 extension, since the I-140 would have to be revoked, with the job at the old location no longer existing.

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chakrakr Advanced Member

chakrakr

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The PD can be reused, but the old I-140 can probably not be used for an H1 extension, since the I-140 would have to be revoked, with the job at the old location no longer existing.

 

Unlike H1,  there is no law which says 140 need to be revoked if employee move to a different location OR quit.   It is up to employer if they want to revoke 140  but again,  no law force them to do that. 

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JoeF Advanced Member

JoeF

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Unlike H1,  there is no law which says 140 need to be revoked if employee move to a different location OR quit.   It is up to employer if they want to revoke 140  but again,  no law force them to do that. 

 

The job as specified in the LC does no longer exist, hence the I-140 is invalid.

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raghukreddy Advanced Member

raghukreddy

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Thank you JoeF/chakrakr

 

My employer is saying that he is not going to revoke my old-140, But because of company move. they are doing my GC process from scratch.

 

We don't know how much time, it takes to get approvals for new Labor & I-140.  meantime my H1B is going expire .

 

 

Can I use my  old (  Labor & I-140 ) approval to get my 8th year H1B extension OR

Do I need to wait for new Labor approval?

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chakrakr Advanced Member

chakrakr

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The job as specified in the LC does no longer exist, hence the I-140 is invalid.

 

Irrelevant.  As long as the 140 is not revoked,  it can be used to extend H1.   See this -- http://www.murthy.com/2014/01/20/i-am-in-my-6th-year-of-h1b-status-i-have-an-approved-i-140-from-my-previous-employer-but-i-havent-yet-been-able-to-file-an-i-485-my-current-employer-hasnt-yet-filed-a-green-card-case-for-me-ca/

 

OP can use the old 140  for H1 extension. 

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chakrakr Advanced Member

chakrakr

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Also see this ---  http://www.murthy.com/2008/01/18/ac21-frequently-asked-questions-july-2012-update/  --

 

Specifically --

 

Question 6. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS?

No. Unlike the H1B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Many employers do not withdraw I-140s upon employment termination.

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