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I140 transfer. Issue with employer. Please HELP!!!

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  • I140 transfer. Issue with employer. Please HELP!!!

    I had my Labor and I140 approved with company A. I have been with this desi employer for around 3 years. Now I got a job with a firm who said they can transfer my I140 and apply for GC.

    I have asked company A to give a copy of my Labor and I140 so that the company B can use the content(job description) in the PERM to match accordingly and submit for my I140 transfer. Company A is denying me a copy saying its their company policy not to give a copy of PERM or I140 to employee.

    Please help me what alternatives do I have?

  • #2
    Company B cannot transfer your I140 but have to rather file for a new labor and once approved, a new I140 and recapture your PD from the approval notice of the I140 of company A. The role/job description need not match. All you need is an approval notice/copy of I797 for your I140 approval.

    Did you already apply for your 485?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Thanks for the reply TXH1B. I haven't applied for 485 yet. I have my I797A original which is my H1 doc. To use the old PD, do I not need a copy of approval notice for I140/Perm?

      All I have is LIN number for I140 and case number for PERM. Is that sufficient? My employer will not give me any copy.

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      • #4
        A copy of approval is needed for PD recap. Try FOIA with the receipt number.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Hi,

          I have the similar situation...

          so, with the above response ,during H1 transfer to employer B, I will have to get the approval doc of PERM/ and I140 , so that employer B can re-capture my PD .. is it right ?

          Please let me know.

          Thanks!
          KB

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