I-140 Approved with Old Employer - Transfer H1B of New Employer


krsepuri

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My wife was working with consulting firm Emp A for last 3 years, (one and half on OPT and Rest on H-1B). She currently got a new FTE opportunity with Company B, and they started her H-1B Transfer. Her I-140 with Emp A was approved in 2013 with 2012 priority date and the employer just provided her with I-797 Approval Receipt number and priority date but refused to provide her with copy of her I-797 claiming that the documents are with Attorney and they are not provided to the company.

 

Now once she informed the old Emp A about her new Job with Emp B and request for copy of I-140's I-797 Approval copy to support her H-1B transfer filing process, the old Emp A started showing their true colors, claiming that its against their company policy to give any kind of documentation related to PERM & I-140 and completely refused to provide any kind of documentation on that regard. 

 

I've filed a FOIA to USCIS for her I-140 I-797 Approval copy today, can any one suggest how long does it take for USCIS to provide us with that documentation.

 

Also her H-1B transfer hasn't started yet, they are in process of collecting documents and filing LCA, and employment commences only in mid-April with New Emp B. If the old Emp A revokes her H-1B before we get the USCIS receipt fot H-1B transfer, we don't know how to handle that kind of situations. 

 

Please Advise.

 

Also the employer is planning to terminate her I-140 ASAP, if so can we still use her current Priority date as her I-140 is approved, when the New Employer B files I-140, even if her old I-140 petition is revoked.

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My wife was working with consulting firm Emp A for last 3 years, (one and half on OPT and Rest on H-1B). She currently got a new FTE opportunity with Company B, and they started her H-1B Transfer. Her I-140 with Emp A was approved in 2013 with 2012 priority date and the employer just provided her with I-797 Approval Receipt number and priority date but refused to provide her with copy of her I-797 claiming that the documents are with Attorney and they are not provided to the company.

 

Now once she informed the old Emp A about her new Job with Emp B and request for copy of I-140's I-797 Approval copy to support her H-1B transfer filing process, the old Emp A started showing their true colors, claiming that its against their company policy to give any kind of documentation related to PERM & I-140 and completely refused to provide any kind of documentation on that regard. 

 

I've filed a FOIA to USCIS for her I-140 I-797 Approval copy today, can any one suggest how long does it take for USCIS to provide us with that documentation.

 

Also her H-1B transfer hasn't started yet, they are in process of collecting documents and filing LCA, and employment commences only in mid-April with New Emp B. If the old Emp A revokes her H-1B before we get the USCIS receipt fot H-1B transfer, we don't know how to handle that kind of situations. 

 

Please Advise.

 

Also the employer is planning to terminate her I-140 ASAP, if so can we still use her current Priority date as her I-140 is approved, when the New Employer B files I-140, even if her old I-140 petition is revoked.

I believe an employer can file her cap exempt H1B petition with receipt number. When an RFE is raised for a copy of her cap subject H1B I797 you would have received the same by that time to respond to RFE.

Yes, your spouse can retain her priority date.

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She is going to be fine, just watch for the H1 cancellation. Talk to your lawyer about filing for the new H1. I am not sure how long it takes to cancel a current H1, but generally the USCIS will give you at least 10 days. She can reuse the PD on her old I-140 even if it is withdrawn.

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