H1B Transfer Question - Please advise

[Rick8282]

Hello,

 

I have read many forum's and different scenario's but I am still confused. I would appreciate if someone please advise in my situation.

 

I have an approved I-140 with Company / Employer A. Just started my 6th year and filed my H1B extension and got an approval for next 3 years till 2017.

 

I have been recently offered an opportunity with Company B. They will start my GC after 1 year. Currently in the process of transferring my H1B. However a concern was raised by Company B that I need to get the I-140 approval notice from my current employer A otherwise I might not get complete 3 years on my H1b after the transfer or I might get an extension till my 6th year finishes which is next year etc.

 

My current employer A is not willing to provide me I-140 approval.. I am not sure what do I do ?

Do you think even though I have a 3 yr extension on my current H1b (started 6th yr) I might get denied transfer or might not get complete 3 yr as stated on my currect H1b ? Please advise. Is there a way I could ask for copy of I-140 ?

[ashuneel]

To get 3 yr extension with company B you need to have I-140 approval and file under AC21.

Employer A knows this and that could be the reason he will not give I-140 to you. You can try to file FOIA request.

[ksribhas]

don't you even have the receipt # for the I-140 ? Receipt # is just sufficient to use it for xfr. The other answers are subjective to each case.

 

Otherwise FOIA is the way to go .

[Rick8282]

don't you even have the receipt # for the I-140 ? Receipt # is just sufficient to use it for xfr. The other answers are subjective to each case.

 

Otherwise FOIA is the way to go .

Thank you for your response. I do have a receipt # but when I enter it to the site it says it was submitted and pending and doesnt show my name as such. I am positive my I-140 is approved.

[Rick8282]

To get 3 yr extension with company B you need to have I-140 approval and file under AC21.

Employer A knows this and that could be the reason he will not give I-140 to you. You can try to file FOIA request.

Thank you for your response. Does FOIA takes longer time ? does an employer know that we made a request ?

[ashuneel]

Thank you for your response. Does FOIA takes longer time ? does an employer know that we made a request ?

In any case you cannot trust  your current employer. This is blackmail

 

Thank you for your response. I do have a receipt # but when I enter it to the site it says it was submitted and pending and doesnt show my name as such. I am positive my I-140 is approved.

your name will not appear in case status.  It is not possible to have pending status and approved  I-140. does not make sense.