I-140 Approved- Approval Notice not provided by the Company| Change Jobs

[trance]

Hi there,

I needed some clarification, any help would be really appreciated...Thanks in advance..Below is my information

H1b: 4th Year
Labor: Approved: Jul 2008
140: Approved: Dec 2008
Category: EB2
Priority Date: April 2008
485/EAD: cannot file due to retrogression
My employer(Company A) is not willing to provide my I-140 approval notice. Can I change employers and move to a new company (Company B), file for a GC and retain my old Priority Date considering the fact that my employer will not provide the I-140 approval notice.
1. Can someone help in telling me what is the best way to retain my old PD date when I move to a new company(Company B), without having the I-140 approval notice.
2. Also when I move to the new company(Company B) will I be able to file for a 3 yr extension as I have an approved I-140(greater than 180 days) of Company A


Thanks

[aruben@srrlaw.us]

Do you have a USCIS file number for the I-140? If you do, you can use it to get a print out from the USCIS online status system. That along with an explanatory letter and any other documents or copies of documents such as the labor certification approval notice or even an e-mail from the company advising you that your I-140 and Labor Cert have been approved should be enough to allow USCIS to check their records and confirm your PD and your elligibility for a 3 year EAD extension.

Note that in order to pursue your GC, a new employer will have to file a new LC for you as well as a new I-140.

[trance]

Hi Ann,

Thank you for your response. It was very helpful.

1. I only have a I-140 receipt Number, I may try and ask for a file number. I doubt my employer will provide the file number. Also, do you have a link where i could print out my approval notices once i enter my file number. I was unable to find it. Is the file number same as the receipt number.
2. I have only my PERM receipt number. My employer ihas not provided me any Approval Notice.
3. Yes, I do have emails addressed to me stating that my PERM and I-140 has been approved.
4. Legally is an employer allowed to keep the Approval Notices (PERM+I-140) of an employee.

Again, I thank you for your help.

Thanks

[aruben@srrlaw.us]

the I-140 rec't number is the same as the file number. With this, you can get a printout from the USCIS online status system. Having the LC file number is also helpful. These combined with the e-mails should be enough to upgrade your I-485 and preserve the earlier PD. Unfortunately, there is no law that requires the employer to provide copies of either the LC or the I-140 approval to the employee.