I have approved I 140 and completed 2 years with the employer. now planning to move another employer, my current employer refused to give me I 140.
- Is new employer can able to do h1b transfer without having I140 copy base on SSN?
- how can I get copy of I 140?
Please suggest me
Apply H1B transfer without i140
Your new employer can transfer your H1B if you have NOT used the H1B 6 year quota yet.
If you have already spent 6 years in USA on H1B, then i140 is needed to transfer.
Get i140 information from USCIS
You can request i140 directly from USCIS using FOIS request. Sample application:
I have completed 5 years 9 months in the USA.
so my new employer need to fill 1st PERM and I 140 then only he can fill H1B extension or dirctly H1B extension ?
what is validity of I-140?
After 2 years of I 140, can employer still revoke my I 140?
Use Approved i140 to file H1B transfer
Your new employer can use your existing approved i140 to apply H1B transfer and get extension beyond 6 years. This is perfectly fine.
i140 is valid with no end date
If you have stayed with your i140 employer for 180 days after its approval, it cannot be revoked now. So, you are safe.