7th year extension & H1B transfer without I-140 approval notice

[rsaminen]

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

[rsaminen]

Please read as H1b: Expires on Feb 13th 2012

[pkmr]

1. A screenshot of I-140 approval from USCIS website should be suffice. If your employer has provided at least the recipt notice that would be great.

2. Yes, if your current employer can prove that they need you in a project for 3 years.

3. Most cases, it should not be a problem provided your I-140 sponsored employer did not revoke for fraud. Best way is to remain with current employer for at least 180 days and then move to comp B.

[nipukumar]

3. Most cases, it should not be a problem provided your I-140 sponsored employer did not revoke for fraud. Best way is to remain with current employer for at least 180 days and then move to comp B.

I am just curious if there any 180 day rule for I140? 180 days rule is for I485 only as far as i know. Can you please give some more info if any 180 days rule help I140 case ??

Thanks

[gharik25]

Hi,

Its not a good to move to new employer 'B'. Better persuade A to apply for extension.

Feb13th 2012 is not far from now.

You mentioned: "485/EAD: cannot file due to retrogression"

Did that retrogression happened or going to happen?

[prem_rajesh]

Just want to check..Where you able to transfer successfully without the approved copy..Im on the same boat..