Changing Employer and Don't Have I-140 Approval Notice

[prashanthkumarc]

Hi,

I am on H1 and in the process of changing employer. My I140 is approved with old employer but i dont have approval notice as my old employer do not want to share that with me.But i have 140 receipt notice.

My new employer also wants to file GC and he will apply PERM and 140. I have couple of questions

1)The job duties and Job position are different between old PERM labor.and new PERM labor. Can you still retain priority date and use it for new 140?
2)Do i need to have 140 approval notice to retain the priority date ?? or 140 receipt notice is enough?

I will defintely appreciate if you answer to my questions.

Thanks,
Prashanth

[Mr. Knowitall]

If your original I-140 is not revoked, the original priority date carries over.

It's not at all unusual for employees to not have copies of the I-140 notice, as that goes to the employer and not all employers provide copies - they have no obligation to do so. If you request a copy, your employer is likely to figure out that you're changing employers (if they do not already know).

[spaceme]

Guys,

I wanted to post this for the benefit of many others who are in same situation. My employer did not provide me I-140 either. So when i read in forums few people have got their copies through FOIA. So i took a chance and applied on July-19th. It was received by USCIS on July-21st. I have received my copy some last week of September (approximately 2 months).

So i encourage every one to apply with clear documentation.

Good luck !!