Will new employer need only I-797 copy or I-140 too?

I have approved I-797 copy (two pager) with me, though my H1b visa is in expired status. Now I will resign from my current company and go back to India. Its been more than 6 years when my current organization filed for I-140/GC process.
In future, when I want to come back and I find a employer, who can file H1b extension petition for me, will they need only I-797 or copy of I-140 as well? By the time, I will plan to come back, my current I-797 approval, which is valid till 2025, will be expired.
As standard, my current employer won’t give me I-140 copy, but I have I-797 approval copy.
Please advice.

For AC21 extension you will need copy of I-140. If you dont have it, you can request one from USCIS.

Hi Kalpesh,

Do you mean, I should have full I-140 copy or I-140 approval, in order to file H1b extension petition?

I just searched my documents again and I found that I have -

  • I-797 Notice of Action (single page soft copy only) → It shows case type “Immigrant Petition for Alien Worker” and showing Priority Date as “02/06/2018” and other details.
  • I-797A Notice of Action (two pager hard copy and soft copy) → It shows H1b class approval notice valid till 05/03/2025.


If you have approval notice for I-140, that is enough.