H1B on basis of Approved I140 through other employer

[nthaccker]

Hi ,

 

How does a candidate/beneficiary find out if their I-140 is active or has been withdrawn by their employer ?

 

Back-ground: My 6 years of H1 got over (2013) but my PERM / I-140 didn't approve in time. So i did a change of status to F1 and stayed in the US(instead of going to India after my 6 years got over) doing an MBA.

 

Now i have my I-140 approved (desi consulting firm) and looking for jobs.

 

Q) Is it mandatory that i file my H1B (extension on the basis of approved I140) with the same employer A who holds my approved I140 ?

 

Can i get my H1 (3 years extension) through some other/ new employer B on the basis of employer A's I140 . Can i do that ?  What if the employer withdraws my I140 - how will i come to know ??

 

I am in a catch 22 situation as the employer A is not at all interested in doing anything for me.

 

Any suggestions please

 

thanks

[jairichi]

You need to check with employer A about your I-140 status or file a FOIA with USCIS to get I-140 documents. Based on approved I-140 any employer can file a cap exempt H1B petition. On approval as COS you can start working for that employer.