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H1b Transfer Without Including I-140 Details

Discussion in 'AC 21 H-1B Issues' started by ardentaj, Nov 3, 2017.

  1. ardentaj

    ardentaj New Member

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    I have my I-140 approved from my previous employer A however they haven't shared any details(neither receipt number nor Alien number) pertaining to that. Now my new employer B has applied h1b transfer without I140; just mentioning that "We were not able to procure I-140 from previous employer as it is employer's document".

    However USCIS has responded with RFE seeking reason to extend beyond 6 years limit as my total duration in L1B+h1b will be about 4.5 years.

    Has anyone experienced similar situation and got h1b transfer approved without approved I-140 info?
     
  2. WaldenPond

    WaldenPond Guru

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    You should have got your approved I-140 from USCIS directly through FOIA before starting the H-1B transfer process. You can do it anytime but it takes a few months to get back.
     
  3. WaldenPond

    WaldenPond Guru

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    BY the way without I-140 approval you get only the remainder time of 1.5 years i nyour case. which is still sufficient to go ahead
     
  4. ardentaj

    ardentaj New Member

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    Thanks for your response, I went with attorneys words that since USCIS will be having all my historical records there is good possibility that they will be having access to I-140 petition and it will be approved, looks like I took a chance.
     
  5. WaldenPond

    WaldenPond Guru

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    I agree but you have to at least provide some receipt number or your alien number to USCIS otherwise they will issue RFE on what basis you are asking for extension beyond 6 years.
     

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