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  • 140 copy

    Hi,

    I am with company A from last 5 ½ yrs. My 6 th year visa is expiring on Oct 15th 2013.
    My GC is processing with company A in EB3 process. Current situation is 140 is pending(from last 5 months). I asked my company to upgrade 140 to premium so that I will get 3 yrs extension. They did and I am waiting for 140 result.

    The reason company A applied in EB3, I had 3 yrs degree + 2 ½ yrs previous company exp. I have total 8 yrs of IT experience (with company A 5 ½ yrs).

    So I want to change the employer and start my GC in EB2 process (I will get exp letter from company A)

    I came to know since I am in 6 th yr of H1B, if I want to switch to new employer I need to have 140 copy.
    But I am not sure whether company A gives me copy. Usually I heard that NO employer gives 140 copy to employees…is that true? Is this against USCIS rules?

    Please advise on options. Thanks.

  • #2
    Found this info in another thread, might be useful for you

    I don't think they are breaking any rule but you can always request for the same from USCIS.
    You have to Fill in G639 form and submit and request for your PERM( LAbor and I-140 approval document) ( FOIA) Freedom of Information Act.
    You will receive in 2 to 3 months time.

    Note: This is not a legal advice, please consult an attorney

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