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Old 04-19-2010, 10:42 AM
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Default I140 - Employer or Employee property??

Hi Gurus,

I have an approved I140, Unfortunately my company does not want to give me a copy of the I140 as per attorneys advise.

Can some one tell me what is the intention behind not giving a copy of I140 when there is no chance of labor substitution etc? For them it is a piece of paper with no use but for me it is crucial for my stay in US, If i were to lose my current job.

Can any body advise, what is the best way to get a copy of my approved I140?

Thanks
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Old 04-19-2010, 11:54 AM
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Default I have same issue as yours

I have had the same issue for past 2 years and even posted on this site but never heard back from anyone. Anyhow I am going to UISCS thrusday Apr 23, 2010 to find out more.
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Old 04-19-2010, 12:05 PM
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ExploitedOne2008,

Please post if you hear any option from the USCIS office.

Thanks
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Old 04-19-2010, 03:53 PM
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Default

It's unfortunate that some companies refuse to give employees copies of their I-140s. However, if you have the receipt number and the job description as used in the labor cert, that should be enough. For AC21 portability you need to show that the I-140 was approved (the receipt number can get you that information), the 485 was pending for 180 days, and that the new job is in the same or similar occupational classification. The job description from the labor cert. should be enough to prove the final prong.
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Old 04-19-2010, 08:57 PM
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Default

Quote:
Originally Posted by AllIzzWell View Post
Hi Gurus,

I have an approved I140, Unfortunately my company does not want to give me a copy of the I140 as per attorneys advise.

Can some one tell me what is the intention behind not giving a copy of I140 when there is no chance of labor substitution etc? For them it is a piece of paper with no use but for me it is crucial for my stay in US, If i were to lose my current job.

Can any body advise, what is the best way to get a copy of my approved I140?

Thanks
I 140 is sort of "combined property": it is employer's petition but you are beneficiary and as such attorney is representing you both.

You should ask for a copy from the attorney and he has ethical resposibility to give it to you; else technically you can contact local "bar" or "AILA" and report the attorney. Attorney represents you as much as your employer and he has responsibility towards both of you. If you talk to attorney directly, chances are (if attorney is smart; and they usually are ), he will talk to your employer and provide you a copy.

You also can get it from USCIS using FOIA request; but that is an overkill.

I do realize that this is an attorney's forum and I am not an attorney!
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I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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