I140 transfer. Issue with employer. Please HELP!!!

[tadi18]

I had my Labor and I140 approved with company A. I have been with this desi employer for around 3 years. Now I got a job with a firm who said they can transfer my I140 and apply for GC.

I have asked company A to give a copy of my Labor and I140 so that the company B can use the content(job description) in the PERM to match accordingly and submit for my I140 transfer. Company A is denying me a copy saying its their company policy not to give a copy of PERM or I140 to employee.

Please help me what alternatives do I have?

[txh1b]

Company B cannot transfer your I140 but have to rather file for a new labor and once approved, a new I140 and recapture your PD from the approval notice of the I140 of company A. The role/job description need not match. All you need is an approval notice/copy of I797 for your I140 approval.

Did you already apply for your 485?

[tadi18]

Thanks for the reply TXH1B. I haven't applied for 485 yet. I have my I797A original which is my H1 doc. To use the old PD, do I not need a copy of approval notice for I140/Perm?

All I have is LIN number for I140 and case number for PERM. Is that sufficient? My employer will not give me any copy.

[txh1b]

A copy of approval is needed for PD recap. Try FOIA with the receipt number.

[koushikonjob]

Hi,

I have the similar situation...

so, with the above response ,during H1 transfer to employer B, I will have to get the approval doc of PERM/ and I140 , so that employer B can re-capture my PD .. is it right ?

Please let me know.

Thanks!
KB