H1B transfer and getting 3 years H1B extension based on approved 140 from current emp

[nmahesh567]

Hi,

Currently I am working with company A and my I-140 is approved and I am in 6th year. I am planing to join company B. The new company B will be applying for H1 transfer and get 3 years extension (I-797) based on approved I-140 from current employer.

I do not have I-140 approval copy but I do have receipt number. The new company B is saying that they need I-140 approval copy to transfer my visa on their name (because they may receive RFE for I-140 approval copy).

Does company B need I-140 approval copy to successfully transfer H1B and get 3 years extension or only receipt number is enough to transfer H1B and get 3 years extension.

Thank you.

[shervin143]

It is risky to file the transfer beyond the 6th year with just the receipt number. If your current employer gave you a receipt number that doesn't actually belong to you, then the transfer will get denied and the new employer who filed the petition will lose the filing fee. Also, USCIS can raise an RFE for the copy of the approved I-140. Most employers won't take the risk of filing the transfer with just the I-140 receipt notice. The chances of RFE without a copy of the I-140 is high.

[nmahesh567]

Thank you Sir.