H1B transfer after I-140 is approved

[uur]

Experts:

I have passed by 6 years on H1B and have my Labor and I-140 approved with PD of Jan 2009, but I am in the abandoned EB3 category..I was wondering if I can transfer my H1B to a different company and port my PD date?..is it even possible to transfer H1B at this point in the game since I am technically on the mercy of Company's I-140?

Less than experts can also respond if they know of similar cases :)

Thanks in advance, Murhty forum has always been helpful.

[pontevecchio]

"Less than experts can also respond" Thank you. Based on an approved I-140 you can get 3 year extensions beyond the initial 6 years in total and once the three years is granted subsequent I-140 revocation does not affect these 3 years.

[Ron K]

I am also in same situation as "uur". I have completed 6 years of H1B with company A. I am on 3 years H1b extension as EB3 Perm and i-140 is approved. I have recently got offer from Company B. However they are insisting to have a copy of approved i-140 (company A's document) in order to do a H1B transfer. Company A has declined to provide me this document in past.

Please advice/ share your experience with H1B transfer after 6years H1B and i-140 approved.

Any feedback will be greatly Appreciated.

[raviupasi]

@Ron K,

If your employer is not giving you the Labor/Perm document You can request for the same from USCIS.

You have to Fill in G639 form and submit and request for your PERM( LAbor and I-140 approval document) ( FOIA) Freedom of Information Act. You will receive in 2 to 3 months time.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1RCRD