Is DOL Labor Certification portable before I-140/I-485?

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worryfreeinvestor
Posts: 141
Joined: Thu Mar 24, 2005 6:17 pm
Location: Seattle, WA

Is DOL Labor Certification portable before I-140/I-485?

Post by worryfreeinvestor » Sat Jan 26, 2008 12:13 pm

OK, here goes: I have an H1-B and employer has applied for green card. Received Labor Certification but employer is holding up submitting I-140 and I-485 (for mismanagement reasons discussed in another thread). I have read Mr. Eiss' website about the AC21 provisions about portability of green card application while I-140 and I-485 are being processed, and I understand that the Labor Certification is the property of the employer.

Nevertheless, if I get a new job with my H1-B (by filing a I-130 as discussed in other threads), is there any way for new employer to immediately submit I-140 and I-485 based on current Labor Certification, or do we have to start right from the beginning applying to DOL for new LC?

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