I140 approved - employer received the approval notice but not ready to send me original or even copy

[pks11]

Hello Friends,

I recently got my I140 approval (2nd stage of GC processing). My employer however is not willing to send me the approval notice or even a copy of it.

What are my options in this case? What if I need to use this I140 approval to seek extension of my H1, I understand, I will need to have the original approval.

If I get an offer from another company and I want to be able to use my approved I140 petition with them, how will I be able to use it without having the original approval notice?

Is there a way for me to procure that directly from USCIS?

Best Regards

[Belle]

Rarely in the immigration process you will ever need originals. Of course, a copy would work for all related purposes (employer is the petitioner on I-140, so they retain the originals).

If your employer is not willing to extend your H1, you have to either change employers or leave the country. I would request information about your I-140 by using an FOIA request, and move on, since this employer is not willing to give you a permanent job.

[pks11]

Thank you Belle for your reply.

The employer is ready to file for my H1 extension, however, I am being offered another good opportunity from Company B which is too good to resist.

I have already given about 6 years (2 abroad and 4 in the US) to the present employer. So I am interested in switching.

And would like to know if I can use the approved I140 (with the present employer) after switching jobs to get H1 extension with Company B.

Regards

[Belle]

Yes, you can use an approved I-140 from one employer to extend/transfer H1 with another. Talk to a good lawyer how you can get it done if the original sponsor is not sharing information.

[SuperStar4GC]

The employer is ready to file for my H1 extension, however, I am being offered another good opportunity from Company B which is too good to resist.

I have already given about 6 years (2 abroad and 4 in the US) to the present employer. So I am interested in switching.

And would like to know if I can use the approved I140 (with the present employer) after switching jobs to get H1 extension with Company B.

*******

You can use your approved I-140 to get 3 year extensions even after your 6yrs of H1B with your current/new employer.

Here is my 2 cents, if your current h1b is going to expire then get a H1b extension from your current employer and then transfer it to your new employer...if you want to be in a safer side.

And If you join your new employer with all the salary hike and stuff, you have to restart your GC again...starting from scratch.

Before changing jobs, make sure your new employer that they have good company history, profits and no ability to pay issues with GC processing for their current employees etc. Go figure out.

One final thing, New GC processing is always need not to be easy when comparing with your previous GC experience...going little personal though.

HTH..Good luck.

[pks11]

Thank you Belle and SuperStarGC for your kind advice and opinion. This really helps. Appreciate a lot.