How to get a copy of I-140 filing from INS?

B

bumblebee

Registered Users (C)
My I-140 (EB-2) was filed (9/3/2002) and approved (10/22/2002) at VSC. My lawyer won't give me a copy of the filing or the underlying LC. How can I get a copy of the I-140 from the INS? I need to see what was written for my job description - if I change jobs, my new job needs to be "same or similar".
 
Well, you will need a copy of the I-140 and LC to file the I-485 and the I-485 is YOUR application and the lawyer that files it is representing you. Also the company should supply a letter describing the position in the I-485 filing and you should be able to get copies of all of this from the attorney who files your I-485 since YOU are his/her client.
 
Hi Jim

What if my company doesn't want to give me a copy of my I-140? Is it possible to get it from somewhere?

Thanks in advance
 
My lawyer was hired and paid for by my employer. The lawyer claims that I am NOT his client, but that my EMPLOYER is his client, and that I'm just the beneficiary. He provided me with a copy of all the forms that have my signature on them (including the I-485 form), but NOT with the letters written by my employer, the I-140 signed by my employer, or the underlying LC. The I-485 was filed concurrently with the I-140.

I have no idea what is stated on the LC, or what is stated on the I-140 (job description /salary). Can I obtain copies from the INS using FOIA?
 
Last edited by a moderator:
YOU are his client for the I-485. He may not want to admit it but it is true. Just like you have no standing to contact INS on an I-140 or H-1 filing, the company has no standing to contact INS on the I-485 filing. Did you sign a G-28 authorizing the attorney to represent you? If so the matter is closed, you are his client. Even without the G-28 it's pretty clear.

Who is paying the attorney is not relevant to who the client is.
 
Yes I did sign several G-28's "in re: forms i-485, i-765, and i-131 on behalf of (me)".

Since I'm their client on the I-485, and the I-140 (with LC) was filed concurrently and in relation to the I-485, should I be able to obtain copies of ALL of those docs? Or can my lawyer still claim that "yes, for the I-485 you're our client, but for the I-140 and LC you're not, hence we won't give you a copy"?

If the lawyer insists on not providing me with a copy, is there another way of legally obtaining a copy from him or from the INS directly?
 
There are several ways of doing this. My suggestion would be to request a copy of your complete file. Do this in writing with a Return Receipt Requested. I assume that you are planning to change attorneys and you can ask the new attorney for advice or assistance. I really would not expect an insurmountable problem with this.
 
bumblebee

Hmmm!!!!! This world! Anyway since you signed G-28 forms that mean that you authorised that lawyer of yours to represent you and since he filed I-485 for you that means that he represented you and by that you are automatically his client. You have a right on your file at your lawyer for me I dont give a damn everytime I go to my lawyer I request to see my file and when I see any thing of value I request for a copy so right now I have two files one with my lawyer and one with me dont put all your eggs in one basket.
 
The truth is every time I asked my lawyer for LC/I-140, he always says they are my company's property. He says I need to ask my boss for permission to obtain those documents.

It seems to me the only way to obtain them is to find another lawyer. I know that by law, your old lawyer has to transfer your files to your new lawyer. Other than that, it seems to me it is not possible to obtain the documents.

Jim, if my old lawyer always use my company as an excuse, can I sue him?
 
yee man

Am sorry for what you are going through but the way I see things now your lawyer has two clients you and your company. There documents that are specifically for you and there some that are for your company and LC and I-140 are some of those that belong to your company, I know what your lawyer is going to do if you use the law he might give you an empty file the best way is to talk to your boss as your lawyer suggested. You may use the law to get your file but remember your lawyer is also going to use the same laws to deny you access to the file. Wish you luck.
 
Last edited by a moderator:
You could tell him that you want a copy of your entire file and will be filing an ethics complaint with the state bar if he does not provide it within 5 days. You will pay any copying expenses when you pick up the file.

I probably would refuse to represent any client who did this to me but I would have worked this out by this point. The attorney clearly has obligations to both you and your employer as his clients and if those obligations are in conflict he has a serious ethical problem on his hands.
 
Still no result

The old attorney has so far not given me the copy of LC/I-140 despite continuous efforts from my new attorney. This is really getting ugly.

I have requested the file from INS under FOIA, and INS today told me that there is no way they will send me a copy of the file as the beneficiary, that only the petitioner can request it.

So much for FREEDOM OF INFORMATION !

This really sucks. Is there a way of threatening the employer? Isn't the employer supposed to give me access to my personnel file? In fact, isn't the employer supposed to give everyone access to my file under some kind of fair labor law since I'm a non-citizen ?
 
It sounds as if you have not filed an I-485. That is a different situation. For the I-140 and LC, the attorney clearly represents the company. Although, it is arguable that the attorney also represents the employee.
 
The attorney has a conflict, you are the client too. It is not possible for an attorney to represent a corporation in an I-485 filing. The corporation cannot file the I-485 anymore than you can file a LC. You should be able to obtain a complete copy of all documents filed with INS in relation to the I-140 either from the attorney or from INS.
 
Thanks for the reply. It's been 5 months and I will keep trying all avenues until I get the copies. If not, I will sue the lot of them :) Following laws and procedures is fine, but ignoring immigrants because they can't fight back is wrong. Especially if you get paid $10,000+ for one green card.
 
My suggestion would be to proceed as I suggested in my earlier post. File an ethics complaint against the attorney if necessary and let him explain to the Ethics Committee how you are not his client.
 
I have a similar issue, except in may case, the company has not filed 485 and they are telling me to wait till 140 gets approved. Is there a way that I can still file 485 , since it is my petition. VSC has not moved up a day since last 2 months . Jim ?
 
If your employer is not filing I-485 you can immediately file I-485 with the I-140 filing receipt, you can take the services of any good lawyer or take the services of JIM
 
You must log in or register to reply here.
Top