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.
I agree with my colleagues.
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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.
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?
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