I 140 validity

N

njreddy

Registered Users (C)
I have been reading these forums and know that once I140 has been approved it is valid for ever.

My I 140 was approved from company A in Jan 2001, I quit A and Joined compnay B at that time. Now ( Mar 2005 ) I have joined back A and wanted to apply for AOS based on approved I140. I donot have the original I140 with me, I am pretty sure that in 2001 they had mailed me the Original I140 ( Lost it ).

Question is : Eventhough the I140 is approved can the underlying labor be used for Labor Substitution for someone else ?

The reason I am asking is that the company's attorney is asking for the Original I140 to file for my AOS. Attorneys explaination is below

-------------------------------
ARE you positive you had
the original and lost it or did you never have the original? We can file the
AOS w/ a copy of the I-140. However, you must be sure that you did have the original. If you did not, Company A used it for someone else and if you file for your AOS with that I-140 it will be denied down the line and your $ and efforts will be wasted and you can also face some legal issues.
--------------------------------

Any advice is greatly appreciated.

Thanks
 
Hmmmm....

Interesting situation :-)

Company A (as the petitioner) should have the original I-140 approval notice (presumably they could request a new one from USCIS).

How have you stayed in-status with Company B (and now Company A again)?

As an adjustee you are automatically in status but what is your status now?

If you have remained in status for the whole period then just file the AOS after Company A provides you with the original. I can't imagine that they used it on someone else - I've never heard of that happening before and don't even know if it is possible.
 
The company does not have the documents either -- They have moved twice and cannot locate the documents. I have applied for FOIA a week back at CSC.

The mail from Company's attorney is scary, I have not read about I140 being used on someone else. But the mail from attorney is scary
 
I got an answer for my question from another forum

The employer could revoke the original I 140 and use the underlying labor for labor substitution.

Now my task is to check whether the I140 was revoked. I used the receipt number from the copy of the I140 and checked on the INS website, it says that it is approved. It does not say anything about revoked.

I guess I will have to wait for the documents I have requested using FOIA.

Is there any other way to check whether my I 140 was revoked.

Thanks
 
njreddy,

My situation is the other way around. I use a LC Sub with the an I140 which used the LC had been approved. My company requested to withdraw the I140, thus I can use the underlayer LC.

I am also looking for a way to find out if the I140 has really been withdrawed. I have checked with my lawyers, but it does not seen that they have the answer. And I guess I am not eligible to use FOIA. Any other way to find out the validation of a I140?
 
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