I140 Approval notice and copy of the PERM 9089 form

[chintu45]

Hello,

Need suggestions on how to proceed on this....I am sure many folks would have gone thru this.....

My scenario...

I am on EB2 with I485 pending over a year now with Employer A...and in process of changing job with Employer B...

Employer B is not going to transfer H1-B and asking to join on EAD which is fine since I485 is pending form >180days and have jobs description almost "similar" with just senior title...

I am going to request I140 aproval notice and copy of PERM 9089 form from Employer A for reference...(likely hood not going to give)....

Ques:

1. Will I need both copies while porting over I485 to Employer B or in future?

2. What to do if Employer A doesn't provide the copies? Any other means of getting these?

3. Employer B is going to help me filing related to job similarities (I believe it's AC21 and notifying USCIS of me changing job). Any other items I am missing that I should do apart from filing AC21 after switching job?

Pls advise and share experience if any.....

Thxs

[Belle]

1. You need neither.

2. You file an FOIA request to get some (maybe not all).

3. All you need a job letter.

A similar job is required for AC21 portability, but you can take any job on EAD. In most cases AC21 and EAD jobs are the same, but they don't have to be. And neither does have to be the H1 job, assuming you transfer. I just wanted to mention that so you understand the nueances a little better.

[chintu45]

Belle,

Thank you and appreciate your response. Follow up questions

1. How long does FOIA request usually take to get the documents?

2. Will i be required to request them or Employer B?

3. Since my employer B is not doing H1B transfer (I am in 6th year), having me work on EAD should not be any concern. Correct?

4. If any chance of Employer A revoking I-140 shouldn't affect it either. Correct?

Thxs,

[Shetty2011]

Not sure if you got answer for question 1 but looks like there is entire webpage...

http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCRD&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190aRCRD