I -140 transfer to new employer ???

[spike]

question :

can

1.I-140 be transferred to a different employer?

and if yes

what's the minimum period of stay with the current employer who applied for the I-140 before i reapply my h1b with a new employer and transfer my I-140.

2. whats the criteria of i-140 transfer?eg : same profile with same responsibilities ?

3. when the 1-140 is transferred to a new employer , does he need to apply for the labor again?

i appreciate your concerns

cheers

spike

[redgreenbluee]

please consult a lawyer.

no, I-140 is employer specific and cannot be transferred. you can however port/retain approved I-140 PD when you change employer (new LC and I-140 needed for porting).

Originally posted by spike:

question :

can

1.I-140 be transferred to a different employer?

and if yes

what's the minimum period of stay with the current employer who applied for the I-140 before i reapply my h1b with a new employer and transfer my I-140.

2. whats the criteria of i-140 transfer?eg : same profile with same responsibilities ?

3. when the 1-140 is transferred to a new employer , does he need to apply for the labor again?

i appreciate your concerns

cheers

spike

[subramin]

i140 cannot be transferred, you need to restart your GC process with your new employer.

How ever, at your new 140 stage you can port your Priority date.

[inviteyour]

To my knowledge, we cannot transfer I-140 to another employer as it is filed for specific employer only. You must start from the scratch for another employer. Labor substitution is not available anymore. You may get some good responses from forum experts. This is my 2 cents!

Regards,

Raj

[inviteyour]

One more update to my previous comments. If your company was acquired or merged with some other company, then you can use existing I-140 by amending it. Other than that you cannot transfer it to another company.

Regards,

Raj