H1B Transfer after I140 approval

[djayash]

Hi,

My I140 has been approved and I am currently on 7th year of my H1B (extended due to I140 approval). I am planning to move to a new Employer who has agreed to port my PD to EB2.

My current Employer says that he will not provide me with the I140 approval notice as it is an employers notice which is mandatory for porting my PD.

Can you please let me know how I can get the I140 approval notice? Is there any way to get it from USCIS?

[shervin143]

No. Like mentioned, I-140 is the property of the employer. If they are not willing to hand it over to you, there is nothing much you could do. Applying for duplicate copy is an option, but USCIS might very well send it to the attorney who filed it or to the employer.

[djayash]

Thanks Shervin....Can I try to get a copy using FOIA? Is that an option?

[shervin143]

Lot of people have tried and I haven't personally witnessed anyone getting it successfully. Also, it might take it's own course of time. Unless your FOIA request goes into the hands of someone who is doing his/her internships, I guess the chances are less. However, there is nothing wrong in giving it a try. If you are lucky, you might get it.

Thanks Shervin....Can I try to get a copy using FOIA? Is that an option?

[txh1b]

Thanks Shervin....Can I try to get a copy using FOIA? Is that an option?

FOIA is an option if you can clearly identify the application. You should definitely pursue it with both DOL and I140. Could take a while to process but can do it.

Most employers however do provide the receipt number to their beneficiaries, and in that situation the beneficiary can go to the USCIS website and print out the approval notice for the purpose of porting priority dates.

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[djayash]

Thanks txh1b....I do have the receipt number and have taken a snapshot of the approval from USCIS onto a word document. Would that be sufficient for porting PDs in the future??

Also, I have sent a G639 form requesting for I140 approval copy to USCIS today. Hope that works

[txh1b]

According to prominent lawyers chat, just a screen shot of I140 approval is sufficient to port the PD.

However, if the employer cancels the I140 out of malice, there is a grey area around the subject. Based on the link, it should not matter as long as the I140 is not cancelled for fraud or misrepresentation. Most likely the employer will not do it that way as their reputation is at stake with USCIS if they did so.

[txh1b]

Also, I have sent a G639 form requesting for I140 approval copy to USCIS today. Hope that works

Will not work as I140 is employer's petition. Will not be sent to you unless you use FOIA.

[djayash]

I used FOIA as an option in that form...i heard in other forms that this worked...keeping my fingers crossed...