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How to get a copy of I-140 filing from INS?
- Thread starter bumblebee
- Start date
i140wait73
Registered Users (C)
same thing with me
Attorney office is totally against filing the I485 without i140 approval and it's been more than 6 months since I140 is filed.Attroney is suggesting that it's not a good idea to file I485 because in case the I140 is denied,they can appeal for it.But if the 485 is filed,it would be denied as well etc.
I got tired talking to them about filing 485 and finally gave up.
I am not sure if they want to drag this as long as possible or it's just they don't care.
Attorney office is totally against filing the I485 without i140 approval and it's been more than 6 months since I140 is filed.Attroney is suggesting that it's not a good idea to file I485 because in case the I140 is denied,they can appeal for it.But if the 485 is filed,it would be denied as well etc.
I got tired talking to them about filing 485 and finally gave up.
I am not sure if they want to drag this as long as possible or it's just they don't care.
Techie_ssp
Registered Users (C)
rewrerewr
Last edited by a moderator:
I-140
I have similar situation here:
My employer filed I-140 to NSC. but they are not willing to do concurrent I-485 filing for me and they want to wait till I-140 gets approved. They also reject giving me the receipt of I-140.
Now I filed I-485, AP, EAD by myself, but with only I-140 receipt number, not the hardcopy of receipt. Will my case still be processed? Or INS will return my case to me since I don't have I-140 receipt?
Thanks a lot in advance if you can give me info on this matter.
I have similar situation here:
My employer filed I-140 to NSC. but they are not willing to do concurrent I-485 filing for me and they want to wait till I-140 gets approved. They also reject giving me the receipt of I-140.
Now I filed I-485, AP, EAD by myself, but with only I-140 receipt number, not the hardcopy of receipt. Will my case still be processed? Or INS will return my case to me since I don't have I-140 receipt?
Thanks a lot in advance if you can give me info on this matter.
97755,
My situation is not similar to yours. My attorneys filed I-140 and I-485 concurrently. Later, they also gave me a copy of the I-140 receipt notice. They didn't give me the complete copy of the I-140 filing and the approved Labor Certification, which I need to increase my chances for AC21 job-change.
My situation is not similar to yours. My attorneys filed I-140 and I-485 concurrently. Later, they also gave me a copy of the I-140 receipt notice. They didn't give me the complete copy of the I-140 filing and the approved Labor Certification, which I need to increase my chances for AC21 job-change.
i140wait73
Registered Users (C)
hi 97755...
Hi 97755,
I am not sure if you can do this.Can you please explain to use how you did this?I mean did you use a lawyer to file 485?what if your company knows about it?If you get an RFE and if they know that you have filed 485,you may get into trouble.I was thinking along these lines,but hesitant to do it because it might piss off the company's attorney.
Hope it works out fine for you.post us if you have more info.
Hi 97755,
I am not sure if you can do this.Can you please explain to use how you did this?I mean did you use a lawyer to file 485?what if your company knows about it?If you get an RFE and if they know that you have filed 485,you may get into trouble.I was thinking along these lines,but hesitant to do it because it might piss off the company's attorney.
Hope it works out fine for you.post us if you have more info.
97755
interesting, sorry for my lack of awareness...but why the heck are employers so reluctant to file 485 concurrently? BTW, I am not sure about filing with the receipt #...however, technically I would think the INS can always check the details with your receipt # on their system. Also one could include the status as printed off the net after punching in their receipt # and attach with the 485. Well, what happens if a person in your shoes loses the 140 receipt....I am sure they can still file for 485 concurrently with the receipt #? (just a thought). Also, if you have to travel and need to have the copy of your receipt on you (for security reasons...ie checks at airport etc) as a proof of say timely filing etc....the lawyer should atleast provide you a copy of the recipt for your record especially given the current climate.
interesting, sorry for my lack of awareness...but why the heck are employers so reluctant to file 485 concurrently? BTW, I am not sure about filing with the receipt #...however, technically I would think the INS can always check the details with your receipt # on their system. Also one could include the status as printed off the net after punching in their receipt # and attach with the 485. Well, what happens if a person in your shoes loses the 140 receipt....I am sure they can still file for 485 concurrently with the receipt #? (just a thought). Also, if you have to travel and need to have the copy of your receipt on you (for security reasons...ie checks at airport etc) as a proof of say timely filing etc....the lawyer should atleast provide you a copy of the recipt for your record especially given the current climate.
i140wait73
Registered Users (C)
rdip
rdip,
>but why the heck are employers so reluctant to file 485 concurrently?
That's what i was trying to figure out.They say that concurrent filing does more harm than good.I don't know what that means but clearly they are not interested in filing it.The end result is that they have got a leash on the employee and they can bang them for a long time.
rdip,
>but why the heck are employers so reluctant to file 485 concurrently?
That's what i was trying to figure out.They say that concurrent filing does more harm than good.I don't know what that means but clearly they are not interested in filing it.The end result is that they have got a leash on the employee and they can bang them for a long time.
Keeping a leash is definitely on some employers' agenda. Also, time value of money is an issue. It costs more to file for I-485 now vs. waiting 1 year until I-140 is approved. The cost of filing I-485, to nonimmigrants, is very minor compared to the value of a green card, but to many employers $1000+ is a lot of cost.
bumblebee etc
well if money is the reason (ie $1000) you can always discuss with the employer and tell them that you would like to pick up the expenses of 485 filing, but would like it to be filed now. Tell them you have obtained legal counsel from couple other attorneys (NB: I am not an attorney and this is just a personal/casual opinion) and they have advised that given the current security issues and changes foreseen in the future they advise to have your adjustment filed ASAP. If indeed your employer does'nt care about you, or if money/attorney fee is the issue or is it something else....it will come to light.
well if money is the reason (ie $1000) you can always discuss with the employer and tell them that you would like to pick up the expenses of 485 filing, but would like it to be filed now. Tell them you have obtained legal counsel from couple other attorneys (NB: I am not an attorney and this is just a personal/casual opinion) and they have advised that given the current security issues and changes foreseen in the future they advise to have your adjustment filed ASAP. If indeed your employer does'nt care about you, or if money/attorney fee is the issue or is it something else....it will come to light.
I tried to ask my employer file it concurrently, but they said due to cost concerns, they are not willing to do so. I said I can pay it first, but they said the company want to be consistant on every cases. Hope I won't get in trouble by doing so.
The job situation is so unstable, I just can't afford waiting to file I-485 after I-140 approved.
The job situation is so unstable, I just can't afford waiting to file I-485 after I-140 approved.
Good news, FOIA worked
All,
FINALLY, I have gotten a copy of my approved I-140 and underlying (substituted ) Labor Certification...
..from the INS.
I have filed a FOIA request (Freedom of Information Act) - there is a form on the INS web page. It is only one page, and apart from address etc., all I wrote was "I request a complete copy of my I-140 petition and underlying Labor Certification".
I mailed it to VSC in November 2002, got a receipt letter (not a regular receipt notice) in mid December. At the end of February, I got a thick envelope with 62 pages of photocopies with everything I wanted. I didn't have to pay anything (an attorney had offered to get me a copy from the INS for $1,500). They have erased the name of the previous beneficiary from all the pages, but all the other information is there.
There is a post-it sticker on my I-140 that says "Approved - Please do NOT revoke this petition", which I have no clue what it means.. Any ideas, attorneys?
All,
FINALLY, I have gotten a copy of my approved I-140 and underlying (substituted ) Labor Certification...
..from the INS.
I have filed a FOIA request (Freedom of Information Act) - there is a form on the INS web page. It is only one page, and apart from address etc., all I wrote was "I request a complete copy of my I-140 petition and underlying Labor Certification".
I mailed it to VSC in November 2002, got a receipt letter (not a regular receipt notice) in mid December. At the end of February, I got a thick envelope with 62 pages of photocopies with everything I wanted. I didn't have to pay anything (an attorney had offered to get me a copy from the INS for $1,500). They have erased the name of the previous beneficiary from all the pages, but all the other information is there.
There is a post-it sticker on my I-140 that says "Approved - Please do NOT revoke this petition", which I have no clue what it means.. Any ideas, attorneys?
Hello,
"They have erased the name of the previous beneficiary from all the pages, but all the other information is there.".
what does it mean by erased name of previous beneficiares? Did u apply through Labor substitution? Shouldn't be ur name on approved Labor and I-140?
Thanks
"They have erased the name of the previous beneficiary from all the pages, but all the other information is there.".
what does it mean by erased name of previous beneficiares? Did u apply through Labor substitution? Shouldn't be ur name on approved Labor and I-140?
Thanks
Sample letter #1
Dear Mr. OldAttorney:
This is to inform you that I have retained attorney NewAttorney to obtain from your firm a complete copy of all documents relating to any applications or petitions submitted to the INS or Department of Labor on my behalf as the alien beneficiary by your firm, including the Labor Certification and I-140 that were submitted together with my I-485. My employers name was Employer1. I signed Notice of Appearance forms (form G-28s) prepared by your office and therefore believe that you were representing both me and my employer in all such matters. I believe I am therefore entitled to a copy of my file since your firm is no longer representing my interests in these matters. I hereby authorize your firm to forward copies of all of the requested files to NewAttorney, Address. Please do not hesitate to contact Mr. NewAttorney at PhoneNumber if you have any questions. As you understand this request is urgent. I first requested these materials on or about Date1, but have yet to be provided with the documents requested. Please immediately forward the requested documents to Mr. NewAttorney.
Thank you for your consideration.
Very truly yours,
Dear Mr. OldAttorney:
This is to inform you that I have retained attorney NewAttorney to obtain from your firm a complete copy of all documents relating to any applications or petitions submitted to the INS or Department of Labor on my behalf as the alien beneficiary by your firm, including the Labor Certification and I-140 that were submitted together with my I-485. My employers name was Employer1. I signed Notice of Appearance forms (form G-28s) prepared by your office and therefore believe that you were representing both me and my employer in all such matters. I believe I am therefore entitled to a copy of my file since your firm is no longer representing my interests in these matters. I hereby authorize your firm to forward copies of all of the requested files to NewAttorney, Address. Please do not hesitate to contact Mr. NewAttorney at PhoneNumber if you have any questions. As you understand this request is urgent. I first requested these materials on or about Date1, but have yet to be provided with the documents requested. Please immediately forward the requested documents to Mr. NewAttorney.
Thank you for your consideration.
Very truly yours,
Sample letter #2
Dear OldAttorney:
This is to serve as a reminder that your firm has still not provided me with a complete copy of all documents relating to any applications or petitions submitted to the INS or Department of Labor on my behalf as the alien beneficiary by your firm, including the Labor Certification and I-140 that were submitted together with my I-485. To remind you, my employers name was Employer1. I signed Notice of Appearance forms (form G-28s) prepared by your office and therefore believe that you were representing both me and my employer in all such matters.
I first requested these materials on or about Date1, but have yet to be provided with the documents requested. Also, I sent you a letter in this regard on or about Date2, which you have left unanswered.
Please immediately forward the requested documents to Mr. NewAttorney and myself without further delay. Please do not hesitate to contact Mr. NewAttorney at Phone1 if you have any questions. As you understand this request is urgent.
Thank you for your consideration.
Very truly yours,
Dear OldAttorney:
This is to serve as a reminder that your firm has still not provided me with a complete copy of all documents relating to any applications or petitions submitted to the INS or Department of Labor on my behalf as the alien beneficiary by your firm, including the Labor Certification and I-140 that were submitted together with my I-485. To remind you, my employers name was Employer1. I signed Notice of Appearance forms (form G-28s) prepared by your office and therefore believe that you were representing both me and my employer in all such matters.
I first requested these materials on or about Date1, but have yet to be provided with the documents requested. Also, I sent you a letter in this regard on or about Date2, which you have left unanswered.
Please immediately forward the requested documents to Mr. NewAttorney and myself without further delay. Please do not hesitate to contact Mr. NewAttorney at Phone1 if you have any questions. As you understand this request is urgent.
Thank you for your consideration.
Very truly yours,
The law firm gave everything, including employer's CFO's letter.
INS does not give everything, I think. All the INS official forms were included, with certain information blacked out. INS did not send additional attached documentation such as letters of support, company payroll info, etc.
INS does not give everything, I think. All the INS official forms were included, with certain information blacked out. INS did not send additional attached documentation such as letters of support, company payroll info, etc.
Thx
Thank you!
I'll talk to the attorneys and hopefully I can convince them to certify I-140 and do AC140 for me.
Has anyone had difficulties persuading the lawyers? How did you make them buy in? immihelp.com is the only place I can find supporting documents. Where can I find AC140 related information on US government website? Thx!
Thank you!
I'll talk to the attorneys and hopefully I can convince them to certify I-140 and do AC140 for me.
Has anyone had difficulties persuading the lawyers? How did you make them buy in? immihelp.com is the only place I can find supporting documents. Where can I find AC140 related information on US government website? Thx!