I-140 - change of employer- PD - please advice

[navin123]

Hello There,

 

Thanks for checking this post.

 

I have a situation where I'm in my 9th year of H1b and my current employer A applied my perm and I-140, both are approved. My PD is Dec 2012. However I do not have any documents related to Perm or I-140, just the number. My current H1b expires Nov 2017.

 

Future Employer B is offering me Full-time. If I change - (what are the implications?)

 

1) Do I need to provide documents related to Perm or I-140 to my new employer B, or just the number would be suffice?

2) Can I get the same PD?

3) What if my current employer A revokes I-140, will that impact my PD, during the process of H1b transfer or during Perm or I-140 apply by employer B

4) Employer A is not willing to provide experience letter too, will this impact my H1b transfer or Perm or I-140 submission or approval.

5)Should I apply H1b Transfer first and then tell my employer A that I left him ? Will I get 3 years of extension?.

6) When should I start my new GC process with employer B - I know they need to start from scratch again - what if they want to do only after an year.

 

What is the best process to follow to not be in any legal trouble and a happy ending.

 

 

Apologize for too many questions, but would appreciate if someone could please provide answers to the above.

 

Thank you very much for directing me in a right way.

 

Regards

Naveen

 

[rohang]

1) yes, I140 details will be required by employer B to file for H1b.

2) how to get I140 details, this has been answered many times in this forum, you can search for that.

3) let us suppose you have I40 details, this is how you can proceed.

a) Ask B to file for H1b, as you have I140, you are eligible for 3 year H1b. file H1b in premium processing

b) leave A, even if now A revokes I140, it wont your new H1b. 

c) Start GC with employer B, GC will start from scratch (PERM>I140), but you will be able to use your earlier PD. So even if new employer starts GC after 1 year, you will still have 3 year of H1b. So make sure only jump when you have your new H1b in hand and validity is 3 year.

 

experience letter is important, it will be required when employer B will be filing for your GC application.

[pontevecchio]

Please discuss the whole situation with the firm of Murthy. You do not want to be hostage to a forums input in such an important matter.

[navin123]

Thanks Rohang. Appreciate your time here.

 

Would I-140 number (EACxxxxx) be suffice for H1b transfer? - I do not have the document as "apparently" its a company rule not to provide the documents to their employees.

Also, I'm mostly confident that they wouldn't provide any experience letter to me (as I won't inform them until last minute, after my H1b approval with my new employer), how would it impact? - Will my new employer apply/start GC process without this? without any issues.

 

Thanks

[rohang]

lot of my friends who have left company have faced similar issues with experience letter. But its not like they are not getting GC, make sure to talk to Company B's lawyer before you make a jump.

 

Regarding EAC number, i dont think its enough, but you can ask attorney this question. 

[Attorney_15]

With an I-140 receipt number USCIS should be able to access the necessary information to verify a person's eligibility for an extension of status.

 

If someone wants a copy of documents filed with the I-140, one can usually get them by filing Freedom of Information Act request with USCIS.

[navin123]

Hi Gurus,

 

I just spoke to my Attorney, apparently the most "famous" one - and they mentioned they can't do H1B transfer (and get a 3 yr extension or just until the current I-797 expiration date) as I do not have any document of I-140 with me. I mentioned I have the Alien (A) number along with SRC and printout of I-140 petition approval. 

 

Is this true? or they are trying to play safe.

 

Thanks

[varmatheone]

On 3/2/2016 at 10:37 AM, navin123 said:

Hi Gurus,

 

I just spoke to my Attorney, apparently the most "famous" one - and they mentioned they can't do H1B transfer (and get a 3 yr extension or just until the current I-797 expiration date) as I do not have any document of I-140 with me. I mentioned I have the Alien (A) number along with SRC and printout of I-140 petition approval. 

 

Is this true? or they are trying to play safe.

 

Thanks

Hi navin123

I am in a similar boat as yours. What did you end up doing?

Thanks