I-140 petition copy for porting EB2 priority date

[murthyuser5]

Hi All,

Just wanted to confirm if the copy of I-140 petition, obtained from FOIA request, is sufficient to port priority date from employer A to employer B. Here is my situation:

I work for an employer A through whom I have an approved I-140 (priority date 04/2009). I am in my 8th year of H1-B visa (expiring 04/2013). Recently I got an offer from employer B who is willing to transfer my H1-B and also sponsor my green card. The problem is that employer A denied to provide me with I-140 approval copy. However, I managed to get copy of I-140 petition from USCIS with contains case number, "APPROVED" stamp and priority date through FOIA. My questions are:

1) Do I need to have a copy of I-140 approval notice to be able to port old priority date or the above copy of petition is sufficient?

2) If employer A cancels my I-140 after changing job, would it cause any problems in porting the priority date?

2) If I transfer my H1-B with employer B, will I get three years extension or only until 04/2013?

Your advise is much appreciated.

[ryan2009]

HI there

as I have gone through similar situation here are my thoughts:

1) I think I am pretty sure Yes

2)I do not know. Also would you please let know how much time it took to get the copy of 140 via FOIA?

3)You will get 3 year of extension when you attach I-140 during transfer to Employer B and if your new employer B is not a consulting firm.

Thanks

[cowboys26]

Originally posted by murthyuser5:

Hi All,

Just wanted to confirm if the copy of I-140 petition, obtained from FOIA request, is sufficient to port priority date from employer A to employer B. Here is my situation:

I work for an employer A through whom I have an approved I-140 (priority date 04/2009). I am in my 8th year of H1-B visa (expiring 04/2013). Recently I got an offer from employer B who is willing to transfer my H1-B and also sponsor my green card. The problem is that employer A denied to provide me with I-140 approval copy. However, I managed to get copy of I-140 petition from USCIS with contains case number, "APPROVED" stamp and priority date through FOIA. My questions are:

1) Do I need to have a copy of I-140 approval notice to be able to port old priority date or the above copy of petition is sufficient?

2) If employer A cancels my I-140 after changing job, would it cause any problems in porting the priority date?

2) If I transfer my H1-B with employer B, will I get three years extension or only until 04/2013?

Your advise is much appreciated.

You can get a 3 year extension,but

Remember that if the employer revokes the i140 then you have lost if forever...You need to start from scratch again...Till a while ago it was considered that even if the i140 was revoked ,it was ok and you get to keep priority date. But recently it looks like USCIS have been strict about this.

[murthyuser5]

Originally posted by ryan2009:

HI there

as I have gone through similar situation here are my thoughts:

1) I think I am pretty sure Yes

[[murthyuser5]]I just called USCIS customer service and they are saying as long as you have the I-140 case number we can pull the records. So still not sure if I-140 case number would be enough or do I still need approval copy to be able to port priority date. Any comments from Murthy lawyers?

2)I do not know. Also would you please let know how much time it took to get the copy of 140 via FOIA?

[[murthyuser5]]It took me 7 months to get the copy of 140 petition using FOIA.

3)You will get 3 year of extension when you attach I-140 during transfer to Employer B and if your new employer B is not a consulting firm.

[[murthyuser5]]What do you mean by consulting firm? Is there any new rule like that? I have had many friends who switched employers (consulting) and were still able to get 3 years extension.

Thanks