Can an old I-140 be used for filing 485/CP

[lonikar]

I have an approved I-140 from my previous company sycamore. It was approved in 2001. That company is closed now. Can someone tell me if that can be used for filing 485 or consular processing?

 

I only have a copy of the approval, not the original, if that matters.

 

I am in India now, and do not have any H1B.

 

[lonikar]

Ok, just checked status on https://egov.uscis.gov/cris/Dashboard/CaseStatus.do for my case EACXXXXXXXXXX. It says 

 

On September 5, 2001, we mailed you a notice that we have approved this I140 IMMIGRANT PETITION FOR ALIEN WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283

 

and at the bottom of the page,

OMB control no. XXXX-XXXX

Expiration date 6-30-2012

 

But I read in this forum on another thread that there is no expiry for I-140. http://forum.murthy.com/index.php?/topic/62804-i-140-how-long-is-my-i-140-and-its-priority-date-valid/

[JoeF]

While the I-140 doesn't expire, the job doesn't exist anymore, so an I-485 can not be filed for it.

All you could possible reuse is the PD.

[schintala]

As the company doesn't exist any more, you can not file I1485. In order to file I1485, you should have a job offer from the sponsering employer who filed your I140. You will have to start new PERM and I140 process all over again with another employer and PD can be ported to new employer.

[lonikar]

Thanks to both of you. But I think it happened to one my friend. He was laid off since company in california was closing. Before that, his I-140 was approved. Then he a got a job with a company in NJ where his new company filed 485 and it got approved. I am not able to contact him now to know the exact details. But I think it happened around 2001-02.

[JoeF]

Thanks to both of you. But I think it happened to one my friend. He was laid off since company in california was closing. Before that, his I-140 was approved. Then he a got a job with a company in NJ where his new company filed 485 and it got approved. I am not able to contact him now to know the exact details. But I think it happened around 2001-02.

Would not have been possible, not even then. Except if the person committed fraud.

[pontevecchio]

In any case the rules have greatly changed.

[lonikar]

Well, I am not aware of the exact details. It is likely that the original company filed the 485, before they closed, and then he formally changed job after the EAD arrived. In any case, I get it that it is not possible, so I consider it closed. Thanks.