H1B Transfer when nearing 6 years limit

[djayash]

Hi,

I am currently on H1B visa which is valid until March 2014 based on my I-140 approval from my current Employer A. Based on my Entry date into USA, I will reach my 6 years limit in June 2012, however, my H1B is valid until 2014 as my I140 is already approved.

I am trying to switc Employers, but I do not have my I140 Approval document. I do have the Reciept number and the Alien Number.

I spoke to one of the Immigration lawyers who had mentioned that I cannot change Employers right now because

1) I do not have a I-140 Approval document. USCIS will only give my H1B until June 2012 as that is my 6 years limit. However, if I have my I-140 approval document, I might be able to get the H1B transferred beyond June 2012.
2) Is this really true, as I thought with my existing I-140 receipt number, I still would be able to trasnfer my H1B for the whole 2.5 years for which my petition is valid now.

Please let me know as I am really confused as to what needs to be done.

Thanks,
Deepak.

[shervin143]

You need a copy fo your I-140 for the H1B transfer and for porting the priority date.

[djayash]

Hi shervin143,

Thanks for your reply.

So does this mean that without my I-140 approval document, I will not be able to transfer my H1B now and/or port my Priority date?

My Employer says there is no way he can share the I-140 approval document with me. I have also raised a FOIA request sometime back, but I only received the I-140 Application (which has my name, receipt number, alien number etc...)...Is this document suffiecient for both H1B and PD porting?

Please let me know.

Thanks,
Deepak.

[shervin143]

So does this mean that without my I-140 approval document, I will not be able to transfer my H1B now and/or port my Priority date?
>>> As per my knowledge, you need the copy of the I-140 approval notice.

My Employer says there is no way he can share the I-140 approval document with me. I have also raised a FOIA request sometime back, but I only received the I-140 Application (which has my name, receipt number, alien number etc...)...Is this document suffiecient for both H1B and PD porting?
>>> I am not sure what you requested in FOIA. If you clearly ask for the I-140 approval notice and a copy of your PERM filing, they will be able to send it to you. It will take about 6 months. But you will get it. If they have send only the copy of the I-140 application, then I am not sure if that I-140 really got approved. How sure are you that your I-140 really got approved?

[djayash]

Hi shervin,

I am pretty sure that my I-140 is approved due to the following reasons

1) My Employer shared the I-140 receipt number with me. The status of the same in USCIS website says approved.
2) My Employer had send the I-140 approval confirmation to me, but of course, he did not share the I-140 approval document
3) My H1B is now valid for 2.5 more years spanning into 7th and 8th year in USA based on the I-140 approval.

Also, in my FOIA request, I specifically asked only for the I-140 approval document and mentioned my I-140 receipt number. But, only the application was sent back to me

Other sources had mentioned that I will be able to use the I-140 receipt number for H1B transfer and PD porting. I am really confused as to what to do.

Please share your valuale thoughts.

Thanks,
Deepak.

[shervin143]

H1B transfer with the receipt number can work. But most employers will not be ready to take that chance as there is no 100% guarantee that receipt number belongs to you. They might loose the money they spend on your H1B in that case.

For proting the priority date, you need a copy of the I-140. What proof you have on your current priority date without a copy of the I-140? Consult a good immigration attorney. They might be able to help you.

Hi shervin,

I am pretty sure that my I-140 is approved due to the following reasons

1) My Employer shared the I-140 receipt number with me. The status of the same in USCIS website says approved.
2) My Employer had send the I-140 approval confirmation to me, but of course, he did not share the I-140 approval document
3) My H1B is now valid for 2.5 more years spanning into 7th and 8th year in USA based on the I-140 approval.

Also, in my FOIA request, I specifically asked only for the I-140 approval document and mentioned my I-140 receipt number. But, only the application was sent back to me

Other sources had mentioned that I will be able to use the I-140 receipt number for H1B transfer and PD porting. I am really confused as to what to do.

Please share your valuale thoughts.

Thanks,
Deepak.

[djayash]

Hi Shervin,

I have my I-140 application that has my name, receipt number, alien number, priority date etc (I got that through FOIA)....I guess this might act as a proof to confirm the receipt number belongs to me...

Also, if my give my receipt number when the H1B transfer and I-140 PD porting is done, wouldn't USCIS validate that against my name in order to apply them in both these scenarios??

I did check with a couple of lawyers, one of them said receipt number is sufficient for doing both and the other said no...So I am really confused....Any advice will be greatly appreciated...

[shervin143]

The document that you got through FOIA should be enough to file the transfer and port your priority date. To be on the safer side, don't join the new employer with just the receipt notice. Wait for the H1B transfer to get approved and then join them.

Hi Shervin,

I have my I-140 application that has my name, receipt number, alien number, priority date etc (I got that through FOIA)....I guess this might act as a proof to confirm the receipt number belongs to me...

Also, if my give my receipt number when the H1B transfer and I-140 PD porting is done, wouldn't USCIS validate that against my name in order to apply them in both these scenarios??

I did check with a couple of lawyers, one of them said receipt number is sufficient for doing both and the other said no...So I am really confused....Any advice will be greatly appreciated...

[djayash]

Thanks so much shervin. Just a couple of questions though

1) If I do H1B transfer through Premium Processing, how long would it normally take for the complete transfer to be complete until I know how long the dates are valid?

2) Once the transfer is complete and my new H1B petition is only valid until June 2012, can I continue to work with my existing employer with my current petition which is valid until March 2014?

3) If I join the new employer before the H1B transfer is complete and again if the new petition is valid only until June 2012, can I come back and work for my existing Employer with my current petition which is valid until March 2014?

[shervin143]

1) If I do H1B transfer through Premium Processing, how long would it normally take for the complete transfer to be complete until I know how long the dates are valid?
>>> You will get the result within 15 days from H1B transfer receipt date.

2) Once the transfer is complete and my new H1B petition is only valid until June 2012, can I continue to work with my existing employer with my current petition which is valid until March 2014?
>>> Yes.

3) If I join the new employer before the H1B transfer is complete and again if the new petition is valid only until June 2012, can I come back and work for my existing Employer with my current petition which is valid until March 2014?
>>> You cannot just like that go back to your previous employer. Either an H1B transfer has to be filed or you need to leave the ocuntry and return back with your previous employer's petition (The job should still exsit and the employer should be willing to take you back). Basically you need an I-94 associated to the employer who you will be working.

[djayash]

Thanks so much Shervin.

So basically, I can continue to work with my current Employer if I have now quit yet even if my new H1B transfer petition is complete.

However, if I quit and join the new Employer, I cannot come back to the current employer without filing another H1B transfer.

[shervin143]

So basically, I can continue to work with my current Employer if I have not quit yet even if my new H1B transfer petition is complete.
>>> Yes.

However, if I quit and join the new Employer, I cannot come back to the current employer without filing another H1B transfer.
>>> Yes.

[djayash]

Thank you so much for all the help, Shervin