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Don'tAbuseH1B

APPROVED I-140 SERVED CURRENT EMPLOYER FOR 6 MONTHS POST H1B APPROVAL, PORTING I-140 TO NEW EMPLOYER

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Hello, 

Currently, I am working for Employer A, have an approved I-140 from Employer B.  Employer A applied for my H1B extension using Employer B approved I-140. Got approval and continued to work with Employer A for 6 months after H1B approval. Now I am thinking to change the employer as I got a good offer from Client( Employer C). Have below 2 questions looking for answers.

1. While transferring my H1B I know I required the last 2 months' payslips from Employer A which he doesn't provide even I ask him multiple times, bank statement doesn't work as he deposits my salary over the counter at the bank which doesn't show company name in my bank statement. Please suggest possible alternatives?

2.  With god grace, If I managed to get the H1B transfer done from Employer A to Employer C,  I wanted to port my I-140 from Employer - B to Employer - C for that I need Experience letter from  Employer A, Again he will not provide me the required experience letter.  Please suggest possible alternatives to get the experience letter from Employer A.  ( Co-worker letter doesn't work for my situation as only one other employee works she was joined very recently.)

I would really appreciate your help.    

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The I-140 is never ported. It is specific to the employer.

The new employer would have to start the process from scratch. You can reuse the PD from the old I-140.

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I140 cannot be ported. The new employer needs to start the process all over again. You can retain the priority date though.

The big problem for you is the pay stubs. Without pay stubs it will be hard to prove that you are actually working. Your I140 isn't with this employer either. Just depositing money over the counter does not prove your status. Report your employer to the DOL. That's the only way to get around this. I strongly urge you to report such people as they need to be shut down.

Can't believe people still work for such employers. Always learn and understand the law when you are in a country. 

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