H1B 7th year extension and change of employer without I-140 approval notice


rsaminen

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Hi there,

I needed some clarification, any help would be really appreciated...Thanks in advance..Below is my information

H1b: Expires on 13th 2012

Priority Date: Sep 29th, 2010

140: Approved: 23rd May'2011

Category: EB2

485/EAD: cannot file due to retrogression

My employer(Company A) is giving me hard time to file H1B extension because of the billing rate issue with the client. My employer(Company A) is not willing to provide my I-140 approval notice. Can I change employer and move to a new company (Company B), file for a GC and retain my old Priority Date considering the fact that my employer will not provide the I-140 approval notice. But I do have I-140 case number. I am trying to get the I-140 approval notice using FOIA but it is taking long time, as of today the status is as shown below.

"Your request is currently number 7209 of 7433 pending requests in Track One" and looks like it may take 2 more months easily.

Here are my Questions:

1. Can I change to "employer B" without having I-140 approval notice but based on I-140 case number, assuming I don't receive the I-140 approval notice in next 2/3 weeks thru FOIA.

2. Also when I move to the new company(Company B) will I be able to file for a 3 yr extension as I have an approved I-140 of Company A

3. Can someone help in telling me what is the best way to retain my old PD date when I move to a new company(Company B).

Thanks

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