Changing employer after I-140 approval before 6 years of H1b is complete


Sith

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Experts,

My employer told me that the I-140 got approved ( Around August 2017, approximately 6 months now ). Employer gave Receipt number, priority date and the Alien number but did not provide the I-140 approval copy. Employer's policy is to not provide the approval copy to the beneficiary. USCIS case status shows " Response to USCIS request for Evidence was received ", since august 2017. USCIS is asking the petitioner to call in order to correct the online status. However the employer is stating that attorney office confirmed that the I-140 is approved and it is the USCIS responsibility to fix the online status. I have filed FOIA request to receive a copy of I-140 approval. I am on the payroll of company X and the green card is filed by company Y. Both company X and Y runs as different entity and belongs to the same employer. So my green card is filed on the basis of prospective employer for company Y. I am planning to quit the job and join a completely new company (H1b transfer to completely a new company). I would like to port the priority date to the new employer. Here are my questions:

1) For the new employer to initiate the GC process, do they need the I-140 approval copy? ( I am not sure what documents would be provided through FOIA request for I-140). Also what documents would be needed for initiating the GC by the new company? I read in other blogs that the receipt number and priority date is sufficient. Please confirm.

2) If the current employer revoke/withdraws the I-140, would I be able to port the priority date to the new employer? (Given the I-140 is approved for 180 days)

3) If the current employer did not revoke I-140, the new employer should be able to port the priority date and request H1b extensions beyond 6 years based on the already approved I-140 with the current employer? Please confirm if my assumption is right. 

4) My 6 years of H1b expires July 2019. Considering the 365 day rule for H1b extension beyond 6 years, is it good to do the H1b transfer now ( New employer has to file the PERM by at least june of 2018 to meet the criteria of 365 day rule). Or else should i stay with the current employer and do the 3 year extension based on the I-140 approval beyond 6 years and change jobs after 6 years? 

5) Is there any other way to get the I-140 approval copy or check the status ? 

Your help is much appreciated.

 

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Employers do not provide I140 Original. Most often they provide a copy of it. Copy suffices to any subsequent petitions such as Transfer or extension. If you have your "Extension" done after I140 from same employer, the Copy must be attached inside the packet unless they took the copy out too.

Regardless, You can ask for the copy. Priority Date is owned by YOU and having a copy is valid question to ask to an employer.

Answer to (3) - Yes

Answer to (2) - They can but I highly doubt employer will revoke your I140. They take these steps in cases of employee causing material harm to company with illicit intentions. Employers don't do it because they lose credibility which raises flags on their subsequent petitions. 

Answer to (1) - I140 Approval Copy is enough.

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Thanks for the reply. My green card has been filed thru a sister concern ( Green card filed for a prospective employee) and not directly through my employer who runs the payroll. Both the companies belong to the same group. Will this allow for future revocation of the I-140, if I switch to a new employer? Are there any complications?

My employer mentioned that the company policy is not to provide I-140 approval copy as employees switch jobs after receiving the copy. I asked many times but they are reluctant to provide the I-140 copy. I have not completed my 6 years of H1b, so no extensions/transfers so far. I have filed a Freedom of information act( FOIA) request for I-140 approval copy, hope I would get I-140 copy

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