I140 question

[kesava01]

This forum is indeed very helpful. Thanks to all the members for posting such useful info. I am in a situation and I need some guidance.

My labor was filed in the EB2 category in '08. My labor got approved in Feb '09 . Just after the approval, I got laid off from that company , and since then have been on H4 dependent visa.

Now my company is ready to file I140 for me. However I plan to change my occupational field due to the job situation and I am not sure if my I140 would be valid if I change the job to a diff field. Also my H1 is valid until Nov 2010. So I do not have a lot of time either to file GC from the scratch.

Since I am no more with the company they are asking me to pay for the filing expenses.
I would appreciate some guidance in this matter at the earliest. Kindly help.

Thanks

[txh1b]

The 140 has to be applied within 6 months of labor approval for you to retain the PD and validity of labor. What kind of information are you looking for?

Your status on H4 and time spent outside US can be recaptured into the H1b period. If you are changing the field of job, the I140 is useless anyway unless you want to retain the PD from your labor.

It does sound strange that the company still wants to sponsor a GC but decided to lay you off. Getting a 140 approved from such company without a good balance sheet will be tough as an RFE for ability to pay is definite as you are not working for them.

Ask specific questions for the forum to address. If you leave a open ended question, it is tough to address the issue at large.