I140 applied as per employer but I don't think so and my transferred H1 is maxing out.


RCJ

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Hi

I got my first H1B visa in October 2014 which is maxing out in October 2020. I switched my employer in 2015 who claimed to have filed my green card in 2016 and provided email confirmation stating that labor got approved in July 2016. Later, my employer confirmed that my I140 is approved(via email) but never shared receipt number or approved petition. In 2017, I needed I140 number to file H4-EAD for my husband on the basis of approved I140 number which my employer did not share and insisted that the company can file for EAD on my behalf. The EAD application was rejected by USCIS as the employer did not provide I140 copy/number in EAD application.I submitted FOIA request to USCIS in January 2019 which has been in stage 4 (Case in process) for more than a year. The FOAI estimated completion date keeps getting extended repeatedly. The client I was working for wanted to hire me full time but my employer didn't allow that to happen and due to bad negotiation between two companies, I lost my job. I am with a different employer now since a year. My current employer filed labor application for me this week which considering current scenario(pandemic) might take longer than usual to get approved. Now, I am in a situation wherein there is no guaranty is my petition was ever approved as my ex-employer do not wish to share either the receipt number or copy of I-140 and FOIA request is not moving further. Please guide me what to do.

Thank you for your help.

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