Can any new employer file H1b cap exempt petition with I-140 receipt number from India?

Hi Anil,

Need your help on clarification of below queries. My I-140 with current employer has been approved on 10-Oct-2019. I got released from a project recently and currently on bench. I am in search of a project with any new employer.

  1. Employer had not shared me the I140 approval copy and is not willing to provide later as well but I do have the I-140 receipt number. Is it possible for any new employer to file H1b transfer with just I140 receipt number? Is I-140 approval copy mandatory for H1b transfer?

  2. My I-94 with current employer is going to expire soon(04-June-2020). I may have to travel to India or change my status to B2 visa if a new petition cant be filed before I-94 expiry.

a. In case if i travel back to India, Can any new employer file H1b cap exempt petition with I-140 receipt number from India?

b. In case if i change my status to B2 visa, Can i convert back to H1b once the Covid-19 impact slows down after few months?

USCIS usually asks for i140 approval copy which you can request using FOIA request.

You can file H1B transfer from India using approved i140.

You can convert your status from B2 to H1B legally.

This info helps. Thanks Anil.

I am about to submit FOIA request but need help on below items

  1. I-94 Number - Do we have to provide latest I-94 number from recent H1b approval copy or latest from CBP site? I didnt travel from past 2 years.

  2. I do not have alien number. Will my request without alien number cause any delay in processing my request?

You should provide as much information as you can to help them locate your record easily.

Since you have i140 Receipt number, you should get it pretty fast.

Share the most recent i94 number.

Thanks Anil. Appreciate your prompt response.

I just noticed A number on my recent H1B approval notice(I-797A form) which is approved based on my I-140. Is this the same alien number that appears on I-140 approval notice as well? If so, can i mention this as alien number in my FOIA request?

Yes , that should be your Alien number.

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Thanks Anil…

Hi Anil,

I have learnt that when we submit G-639, USCIS will provide only I140 Approval Notice (but not I-797 approval copy for case type I140 Immigrant Petition for Alien worker).

  1. Whether I140 Approval notice along with recent H1B Approved petition (without I-797 Approval copy for Immigrant Petition for Alien worker) is enough for employer B to Transfer H1B?

  2. I have read in a blog that I-797 Receipt notice for Immigrant Petition for Alien worker is enough for employer B to Transfer H1B?

Thanks in Advance!!!

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Hi @anil_am22,

My I140 approved with company A 5 years before.

After transferring to new compnay B, if extension denied further, I need to go back to India.

Then can I file new h1b visa from India with hold of old company A’s I140 and come back to join compnay B or any other new employer?

@anil_am22 : Can you please reply?

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Did you transfered to new employer with I 140 receipt notice, please let me know

Did you transfered to new employer with I140 receipt notice?

Hi Dhanu

Ive seen you post similar situation here i applied for I-140 approval copy thru FOIA request
and i received few stamped application form copy in that i find I-140 receipt number
I am not sure how to check whether it is still valid or revoked?
If i want to apply for cap exempt just receipt number is enough i have I797A form also

Regards

Hi All,

My i140 is approved and I only have the receipt number. My current Employer (A) is not sharing the approval copy. Can a new employer transfer my h1b with my i140 receipt number. Please advise.

You can get the copy of i140 using USCIS FOIA request.

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How long does USCIS take to share the i140 @anil_am22 .

Please guide.

I had filed FOIA on June 17th and I received it online today on Aug 01. But the i140 copy does not have a APPROVED stamp from USCIS.

Please guide on what to do next.

  1. Email USCIS and ask for an approved copy- please share an email id to reach USCIS
  2. Raise new FOIA- it will take another 1.5 months