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Is copy of I-140 needed to transfer H1b to another company?

Jersey City, NJ |

I am working in IT field as a consultant and my current employer has filed for my perm and I-140 and they are approved. Not I want to move to another company as full time employee but current employer is not ready to give copy of I-140 approval. Do I need it to transfer my H1b as I am in my 7th year of H1B? I am planning to file FOIA for perm and I-140 but it will take couple of months. Is there any other way I can move to another company?

Thanks a lot and really appreciate your advice.

Attorney Answers 3

Posted

You would certainly need SOME evidence that an I-140 had been approved upon your behalf (or that a labor certification was filed over a year ago). The file number of the I-140 approval might work. In any event, if your employer files the petition without evidence of your I-140 approval, but simply claims that the petition was approved, normally USCIS will respond by issuing an RFE requesting that proof. That will normally give you another 87 days to get a FOIA response. You may be able expedite the FOIA request by filing a lawsuit against USCIS as soon as it passes the 20 day period in which it is required by law to respond to FOIA requests.

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Posted

SUPERB explanation by attorney Pistone!

Surely you have the "courtesy copy" of the I-140 petition which was sent to your home.. In it you will find your I-140 number. And if you look online at the USCIS site, you'll see the approval, its date, etc.

Also, you can have your new employer's attorney (or yourself, but the attny would be better) request a copy of your entire file - note that former employer's counsel might refuse, arguing PERM and I-140 are the employer's petition and such belong to employer, and not to you. But it's worth the try?

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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5 comments

Asker

Posted

Thanks both of you for your valuable time and reply. I don't have courtesy copy of I -140 as I never received it. But I do have perm approval cover letter with ETA # and my perm was applied more than a year ago. Can I use ETA# for H1 transfer?

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Sorry, that won't be enough. Now, the I-140 receipt number or approval notice is one thing either you or your new attorney can request from old employer's attorneys' office. They have to give that to you, as it contains YOUR name as well ! I hope my answers were helpful.

Asker

Posted

I will contact my new attorney tomorrow and keeping my fingers crossed. Thanks for all your input.

Michael E. Piston

Michael E. Piston

Posted

If however it has been more than a year since your labor certification was filed, then your perm approval cover letter should be sufficient to get a 1 year extension.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Excellent! Good luck! Sent from my iPad Giacomo J Behar Attorney at Law

Posted

I agree with my colleagues.

Please click the link below for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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