It may be possible to file 485 against employer's wishes.

[logiclife]

UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.

[anu_t]

Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .

[logiclife]

Originally Posted by anu_t

Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .

Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.

[anu_t]

unfortunatelly I don't have 140 copy. It seems I can't do anything in this case.

[logiclife]

Originally Posted by anu_t

unfortunatelly I don't have 140 copy. It seems I can't do anything in this case.

I think you can file an FOIA (freedom of information act) form to get copy of your 140 approval from USCIS. The only problem is that it will take some time to do that.

However, do it in any case. You will need that 140 approval later on, even for filing H1 transfer after your intial 6 years are gone.

Guys and gals: Please use all tactics possible and all negotiating powers possible to get copies of approvals from your employers for your file. Whether its 140 or H1, you should have copies of them. The copies are not employer's properties. The petitions are. A photocopy is a piece of paper that says something. If you have photocopy, doesnt mean you own that H1 or 140. Dont fall for this bullshit that "H1 and 140 are properties of the employer so we cant give it to you". BULLSHIT. If someone has a photocopy of the title of my car, does it mean that he owns that car?? NO. I still own it. Anyone can have a photocopy of it. In fact, DMV does have a copy of it. HAVING XEROX COPIES DONT IMPLY TRANSFER OF OWNERSHIP OR OWNERSHIP OF PETITIONS.

PLEASE FIGHT THIS BULLSHIT AND TRY TO GET OUT OF THE MESS.

There is a provision in CIR that's pending that makes it mandatory for employers to share all immigration paperwork photocopies with employees. That proves that ITS COMMON SENSE that it should be done if its not already done by some crooked employers.

[n_2006]

As you are joining employer to file 485 negotiate so that you can file on your own. Get all the documents you needed and then join that company. Coz he can make good money over these 6 months there is no reason for him to refuse.

Originally Posted by anu_t

Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .

[nish17]

Is copy of approved I140 required for filing ?
Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.

[iamvenkat]

I got my i-140 copy and I changed employer. now it is good that we can file 485 without help of employer, how do we make sure that previous employer revoked or cancelled my 140?

Please clarify. your help would be much appriciated.

[java_jaggu]

logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.


06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.

[logiclife]

You are right, jaggu. The 485 form does list the letter from employer on employer's letterhead as initial evidence.

Probably in the old days, they would have sent an RFE for that document. But now, as per Yates memo, they will reject it instead of sending an RFE.

I sincerely apologize for this information. Sorry about that. I am going to close this thread.