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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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  #1 (permalink)  
Old 03-26-2008, 03:55 PM
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Default Can you file 485 without Employer Knowledge

Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

Note: I had earlier posted this in wrong thread and I am sorry for that.
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  #2 (permalink)  
Old 04-10-2008, 12:26 PM
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I am not sure how you can check if your employer filed for your I-140 or not?? I don't think immigration will answer questions from you regarding -I-140 unless the employer asks them.

regarding filing I-485, you can file yourself, but you need a copy of the I-140 or you can file I-140 and I-485 concurently. you will also need an employment verification letter from your employer stating that they will have a job for you when your I-485 is approved and also giving a job description and your salary. you can search this forum about a sample verification letter
also you can check the USCIS web site on the instructions on how to file -485 if you gonna do it yourself and not hire a lawyer. but if you want to save yourself the headache, you can hire a lawyer and they will do the filing for you and explain the necessary documents needed.

Good luck


Quote:
Originally Posted by troubledinva View Post
Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

Note: I had earlier posted this in wrong thread and I am sorry for that.
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  #3 (permalink)  
Old 04-10-2008, 12:30 PM
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Quote:
Originally Posted by troubledinva View Post
Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

Note: I had earlier posted this in wrong thread and I am sorry for that.
1. Yes, you can do FOIA through your attorney (hire one if you need to). If I-140 had been filed on your behalf, FOIA will show that information with receipt number. NO, immigration will not, most likely, tell you your I-140 details if you call.

2. Yes, provided that you can get a letter stating that the position and salary for which your labor was approved is still available for you.

I-485 is YOUR petition. You sign it and this is to get YOUR GC. Now, to file it, you need an approved I-140 or a pending I-140 (the best is pending I797 notice).

G
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  #4 (permalink)  
Old 04-10-2008, 01:50 PM
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Quote:
Originally Posted by troubledinva View Post
Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

Note: I had earlier posted this in wrong thread and I am sorry for that.
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