Is i140 approval i797 required for H1B transfer or receipt notice is enough?

Hi Anil,

Does the new employer B filing H-1B (I-129 petition) require the I-797 approval notice of I-140 from employer A or just providing the A-number is enough?

I have a job offer from employer B, however they want to see a copy of I-797 notice of my approved I-140 from employer A which employer A has never shared with me. I requested the same from FOIA but in response got my petition document and not the I-797 notice itself. So, I am trying to convince my new employer that my I-140 has not been withdrawn or revoked and it’s been over 180 days since approval. The USCIS case status website still shows my case as approved, so I’ve pointed that out to the new employer as well. Please let me know. Thanks.

Hi @Dave

i140 approval copy is recommended.

But, you are right that USCIS does not always share the i140 approval copy via FOIA request.

So, the only concern here is that to convince your new employer to believe that i140 is indeed approved. They can check the USCIS case status website using the i140 receipt number.

You can get the H1B transfer approval using the i140 receipt number.

Thanks. I’ll try to convince them one more time with the same thing about looking up my case on the USCIS case status website, and hope they are convinced enough and use just the A-number to file a new petition for me. Thanks again for the quick response.

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