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UNETHICAL practice by employer

Discussion in 'General I-140 and Related Issues' started by chinise, May 3, 2007.

  1. chinise

    chinise Registered Users (C)

    hi,

    My friend from india recently got his I-140 approved.

    He wants to look for other employment options as now he can port his priority date as his I-140 is approved.

    However his employer who has BAD HR practices refused to provide him with the copy of I-140.

    Employer told him that he knows if he gets a copy, he will switch & will also retain his PD. Employer would like him to exploit for another 3 - 5 years at low wages.:mad: One more thing. As per agreement, my friend is paying GC PROCESS EXPENSE from his own pocket.

    Now my question is: what are legal options?

    QUE:- Is copy of I-140 really needed to port PD?

    My friend does have receipt number if that helps.
  2. chinise

    chinise Registered Users (C)

    Help my indian friend PLZ

    Please help. All he has is his RECEIPT NUMBER and this poor chap waited 3 years to get his I-140 approval stage. Now the blood sucker employer refused to provide him copy of I-140. ON top of it, my friend is paying all expense for GC out of his own pocket.

    if the copy is not required, he is saved. Can he use the number to port his priority date later when filing new I-140???


    PLZ HELP
    Last edited by a moderator: May 4, 2007
  3. another_fella

    another_fella Registered Users (C)

    These are the options that I have heard and can think of:

    1. Using the Freedom of Information act your friend should be able to get a copy of the approved I-140 from USCIS. You may want to Google around for more details on how to go about this. I was told it is possible to get the copy this way from USCIS. However I was also told this is a time-consuming process.

    2. If the H1 has been extended beyond 6 years using the approved I-140, then for the H1 stamping the company has to provide a copy of the I-129 form along with documents that were submitted for H1 extension. This package should include copy of the approved I-140. Now your friend can tell the company that he is going for H1 stamping, and get the documents he/she needs. I would even go for the stamping just for getting this document. Based on what you said looks like it could be struggle to get the copies of I-129 and supporting documents (with I-140), but it is worth trying.

    3. If he has the receipt number, see whether the online status check provides details like beneficiary and priority date. If it does, then take a print out of this for proof of approved I-140. In case if you are not able to get copy of I-140 this might help.

    Hope that helps & good luck to your friend.

  4. chinise

    chinise Registered Users (C)

    blood sucking employer - Deja Vu

    Well, the online status doen't provide any information. It is just any number and its status without any details for company or beneficiary. I know about FOIA but not sure if that should work. I really wish I can complaint against this employer for his unfair practice but not sure what is right and wrong and what are my rights and what I can not demand from him. (If my name is on beneficiary and if law of the land awards me the PD once I-140 is approved, why on the earth I can't ask for a copy? :mad: since USCIS requires copy to be attached when alien is porting the PD?) There must be some easier way out.

    Any comment from someone with similar exp. is welcomed.
  5. chinise

    chinise Registered Users (C)

    don't help this blood sucking employer

    Please help to fight such blood sucking employer.

    please share your experiences.

    together we can find ways to stop such bad practices & sufferings.

    Please share your comments.

    please :(
  6. vvrmsun

    vvrmsun Registered Users (C)

    Per my knowledge, I-140 is the property of employer. Also, AFAIK you need original LCA and Original I-140. The process is something like: your friend joins a new employer; the new employer files a PERM LCA; once LCA is cleared, new employer attaches the old original LCA, old Original I-140 and new LCA together with the new(about to be filed) I-140 and requests USCIS to substitute the PD with the old(original) PD.
    I may be wrong. You should check with your attorneys for validity of this info.

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