I-140 approved and want to switch - Problems

[hikes]

Hi,

My h1b expires Nov 2016 (full 6 years).
I received my I-140 approval in May this year.
My employer is not giving me the copy of my I-140 approval notice.
I have the receipt number though

Question:

1) I need to change job. Do I need the copy of the I-140 approval notice in order to switch my job ?
2) I do not want to stay with my current employer. I would like to get an offer, transfer my h1b based on approved I-140, get transfer confirmation and resign.
I don't care if my current employer cancels / withdraws my I-140. I know the new employer will file labor newly. Is there any problem ?

Thanks

[raghvi]

Hi,

My h1b expires Nov 2016 (full 6 years).
I received my I-140 approval in May this year.
My employer is not giving me the copy of my I-140 approval notice.
I have the receipt number though

Question:

1) I need to change job. Do I need the copy of the I-140 approval notice in order to switch my job ?
2) I do not want to stay with my current employer. I would like to get an offer, transfer my h1b based on approved I-140, get transfer confirmation and resign.
I don't care if my current employer cancels / withdraws my I-140. I know the new employer will file labor newly. Is there any problem ?

Thanks

1. Yes, other wise on what basis you will seek H1 extension?
2. Advisable to get 3 year H1 extension with current employer and then file for transfer.

This is my opinion not legal advice.

[US Dream]

You just need I-140 application number for visa transfer.

I have a question for your case.

Did you get extension from your present employer? If yes, what is start date of that extension?If it is not in near future (for example-September 2016), How can you transfer your visa to new company now?

Let me know, One of my friend has similar case like you and need answer.

[hikes]

Thank you for responding.
I have the I-140 receipt number. Can I really transfer my H1B only on the basis on this receipt number ?
I have not applied for h1B visa extension as of now with my current employer. If I apply, I may get another three years.

My h1B expires end of Nov 2016. If I transfer now, there could be two cases:

1) I may just use the I-140 receipt number (if this can be done - not sure) and have my H1B transferred to the new employer with a hope to get another 3 years
2) I may file for extension with my current employer, get 3 years and then transfer my H1B to the new employer.

Do you see any issues here ?

[mindrd]

Thank you for responding.
I have the I-140 receipt number. Can I really transfer my H1B only on the basis on this receipt number ?
I have not applied for h1B visa extension as of now with my current employer. If I apply, I may get another three years.

My h1B expires end of Nov 2016. If I transfer now, there could be two cases:

1) I may just use the I-140 receipt number (if this can be done - not sure) and have my H1B transferred to the new employer with a hope to get another 3 years
2) I may file for extension with my current employer, get 3 years and then transfer my H1B to the new employer.

Do you see any issues here ?

1) Yes, however USCIS would like to see the approval notice in most cases. Also, USCIS allows the new petitioner to put the I-140 receipt number on their petition. USCIS will not deny a petition due to failure to submit a notice that they can locate in their systems. However, if for any reason such as, USCIS being unable to find the history of the I-140, or the name is wrong on the I-140, a copy of that approval notice may be required.
2) Your new employer can file for an extension for you as well. they will just need to indicate on the form, "change of employer" and "extension". Also indicate that the extension is based on an approved I-140, "receipt number." I would have your current company file an extension as well, in case the new company is unable to get an approved petition.