Approved i140 but currently out of USA

[srirampr99]

My Case:

 

1) I have got i140 approved through company A - PD date Aug 30, 2007.

2) After that I had to move to company B in the sixth year.

3) Had to come back to India due a personal emergency during the 6th year.

4) I am working in India for the last 3 years.

5) Now I want to come back to US.

 

Is there a way I can get my i140 transferred or have a new H1B processed with going through the lottery ? Please suggest. 

[ashuneel]

there is no way to get  i140 transferred. You can  have a new H1B processed without going through the lottery if the I-140 is still valid ( not revoked).

[JoeF]

An I-140 is employer-specific. It can never be transferred.

You can reuse the PD for a new GC process at another employer.

[sid82]

@ashuneel - I'm in a similar situation. Do we need the I-140 approval copy to pursue new H1B (quota exempt)?

[ashuneel]

@ashuneel - I'm in a similar situation. Do we need the I-140 approval copy to pursue new H1B (quota exempt)?

You need receipt number for the I -140. It can be found on initial receipt or approval notice.

[sid82]

You need receipt number for the I -140. It can be found on initial receipt or approval notice.

Are you referring to the one which starts with LINXXXX? I don't have the approval notice in my possession.

[ashuneel]

Yes.

[sid82]

Thanks ashuneel. I was told by an immigration attorney that the I-140 approval notice copy is mandatory to initiate a quota exempt H1B petition. In its absence, I was told that they can't proceed further. Can anyone else confirm if this is accurate? If anyone in the similar situation and were able to get through the quota exempt H1 petition with just the USCIS receipt #, please comment.

 

Thanks,

Sid

[ashuneel]

I dont think you need actual notice. You may be able to get a copy by filing FOIA request. Good luck.