H1B Transfer without I-140 Approval Notice (within 2 months of approval)

[epicure]

Hi,

My situation

1. Currently with Employer A
2. My I-140 got approved in June 2021
3. My six years will end in Oct 2021
4. My H1B extension beyond 6 years filed by my Employer A
5. I received a new offer from Employer B in Aug 2021
6. My employer A denied to give me I-140 approval notice
7. I do have my I-140 receipt number

My questions

1. Can I transfer my H1B on the I-140 receipt number without actual approval notice?
2. If yes, what if my employer revokes my I-140 petition after my H1B approval with Employer B (3 years on H1B notice)?

[rkk09]

Hi,
Please see my response below.
Can I transfer my H1B on the I-140 receipt number without actual approval notice?
Answer: Yes. You can.. Just include I-140 receipt notice along with screenshot of approval that you could see in the USCIS online case status page. But you can also directly call to USCIS and get the approval notice under FOIA.
If yes, what if my employer revokes my I-140 petition after my H1B approval with Employer B (3 years on H1B notice)?
Answer: If your I-140 Approval is not going to withdraw within 180 days by your i-140 sponsoring Employer then you can use the Approved I-140 with any Employer to extend your H1B beyond 6 years.
Thanks

[epicure]

Hi,
Please see my response below.
Can I transfer my H1B on the I-140 receipt number without actual approval notice?
Answer: Yes. You can.. Just include I-140 receipt notice along with screenshot of approval that you could see in the USCIS online case status page. But you can also directly call to USCIS and get the approval notice under FOIA.
If yes, what if my employer revokes my I-140 petition after my H1B approval with Employer B (3 years on H1B notice)?
Answer: If your I-140 Approval is not going to withdraw within 180 days by your i-140 sponsoring Employer then you can use the Approved I-140 with any Employer to extend your H1B beyond 6 years.
Thanks

Thank you. A clarification on your second answer. What if I already transferred my H1B to a new employer and joined the new employer with a new 3 year H1B. The withdrawal happens after I moved to a new employer. In that case, what can my past employer do? Of course, I do understand that my new employer should start a new green card process.

[rkk09]

Hi,
Since you completed 6 years of H1B, now you have extended your H1B with the help of I-140 Approval. If your Previous Employer has withdrawn your I-140 (within 180 days) after your H1B transfer approval and you got 3 years of H1B validity, When you file for another H1B petition like Amendment or ext then it will create a problem. Or USCIS may any time send the notice to your Employer on current active petition to reopen the case.
Thanks