H1B Transfer using AC21 without a copy of I-140 or LC


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I am beyond in my 7th year of H1B with Company A and I-140 approved waiting for my PD (Oct 2008) to get current.

My h1B expires in March 2013.

Meanwhile, Company B has extended an offer letter to me and would like to transfer my H1B using AC21. However, my company A is not willing to give me a copy of either the LC or the approved I-140.

Could I still use the AC-21 to transfer my H1B visa and get extension of 3 years without providing the copy of LC or approved I-140 ?


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Generally, evidence for the basis for extension is required when filing an H1B change employer/extension petition. If an individual’s current employer is unwilling to issue a copy of the I-140 Approval Notice, it is possible to obtain a copy through a Freedom of Information Act request with USCIS. However, there may be other concerns to consider and therefore it is advisable to speak directly with an immigration attorney knowledgeable in such areas.

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