My 6 years of H1-B expired in July 2011. I got a 3 year extension based on an approved I-140 petition. At this stage, can I change employers and transfer my H1-B without the I-140 approval copy ?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Any employer can use an approved I-140 for the 3 year extension beyond the 6th year under the AC21 rules.
However, if the petitioner withdraws it then it cannot be used.
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my question was different. my question is about transferring H1-B to a different employer without me having a copy of the approved I-140. Can you please answer this ?
You cannot do so without a copy of the I-797.
However you can request a copy through the Freedom of Information Act Form G-639
It will take 3-4 months
so, to transfer my H1-B, the only document I need is the approved I-797. the approved I-140 copy is not needed ?
I'm sorry, but I am not clear.
Do you mean do you have to have a copy of the I-140 petition that was filed?
NO, only a copy of the approval notice is required. That is form I-797.
33 yrs attorney on all nonimmigrant & immigrant visas
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