I140 approval and retaining PD

S

sunnos9

New Member
Hi,
Wanted to find your views.
My company filed for my LC, and before I got it approved, they used an earlier LC substition, and filed for my I140. PD is Apr 2002, EB3.
After my I140 approval, can I move to a similar new job and re apply for LC, I140 in EB2 and retain this priority date?

The whole twist is I wouldnt have any paper work to show that my I140 is approved, my company does nt give that document!.. any suggestions?


thanks
Ravi
 
Without the approval copy you cannot get that PD, no matter which line of profession you would want to be in, you need that official document copy. Plus your old company should not revoke it in the future.

This has been discussed over an over.
 
Can I get the I140 copy from the USCIs

Hi,
dunno if my lawyer / company would entertain this, but could I get a copy of my I140 from the USCIS directly? or I dont have a right over it?
 
I am also in similar situation...

Hi,

My company said, as Labor and I140 are company properties, they won't provide copies of the same.


However, I have my I140 case number and hence could see my approval on USCIS status. I also have some letter informing that Labor got approved (but not official document). Is this enough documentation to retian the priority date, if I desire to switch the company?

I feel, its insane to ask for the actual documentaion which is owned by COMPANY where the beneficial of the priority date porting is the EMPLOYEE.

Thanks
 
There is something like FOIA (Freedom of Information Act). Feel free to explore, some have tried to get it from here. Although personally I have not seen anyone so far who has said they were successful in getting it. It is the property of the company to be very simple, if they would like to give it to you then you can have it. They have a right to revoke it as well. If it is revoked then it is gone for ever.

sunnos9 said:
Hi,
dunno if my lawyer / company would entertain this, but could I get a copy of my I140 from the USCIS directly? or I dont have a right over it?
Click to expand...
 
Unless the company is firing you, why do you want to leave? If it is for personal reasons, then the company will also have personal reasons to do what they would like to do.

If you can file EB-2 within the same company for a different job position and port that PD you will be a lot better. You will be a lot closer to retrogression cut off date.

how do you do that? Ask Andy Garcia he seems to have done it.
 
FunLover2000 said:
Hi,

My company said, as Labor and I140 are company properties, they won't provide copies of the same.


However, I have my I140 case number and hence could see my approval on USCIS status. I also have some letter informing that Labor got approved (but not official document). Is this enough documentation to retian the priority date, if I desire to switch the company?

I feel, its insane to ask for the actual documentaion which is owned by COMPANY where the beneficial of the priority date porting is the EMPLOYEE.

Thanks
Click to expand...

If I-140 is revoked/withdrawn by employer, then there is risk of losing PD even if you have copy of I-140 approval.
 
Documentaion needed for porting priority date?

desi3933 said:
If I-140 is revoked/withdrawn by employer, then there is risk of losing PD even if you have copy of I-140 approval.
Click to expand...

Its definitely risky, but looking out for betterment in employment. 3 years H1 extension is a fall back option.

But, in first place, I am wondering a mere copy of approval of I140 as posted by USCIS web would suffice to pursue priority date porting? Does any body does that before?

I beleive, most who completed Labor/I140, might be in similar situation without official copies of Labor/I140 but with some indirect evidance of the same.

Thanks in advance.
 
FunLover2000 said:
Its definitely risky, but looking out for betterment in employment. 3 years H1 extension is a fall back option.

But, in first place, I am wondering a mere copy of approval of I140 as posted by USCIS web would suffice to pursue priority date porting? Does any body does that before?

I beleive, most who completed Labor/I140, might be in similar situation without official copies of Labor/I140 but with some indirect evidance of the same.

Thanks in advance.
Click to expand...

Guys, Rajiv S Khanna has clearly told that one can use his Priority date even though if your old I-140 got revoked or cancelled by the earlier company. Go through the recording of 29th session and start from time 44.30. You will get your answer. You can download the recording Mp3 file from the below link:
http://www.immigration.com/improving_immigration/efforts.html

Hope that would help.
-MKS
 
Thanks Rajiv

Ok, so this is good that once u get an I-140, it doesnt matter if company revokes it. However, do you still need a COPY of the I-140?...

Can anyone clearly answer this question?. Thanks
 
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