Lawyer refuses to give copy of I-140 approval

wonderfull

Registered Users (C)
Hi
I have applied for I-485
ND: Jan 29/2002.
I applied for a Advance parole travel document for my son who
is my dependent. He got an RFE to send copy of approval of
I-140. Unfortunately I recently lost my job and did not get a
copy of the I-140 approval from the Lawyer before
I left my previous job. Now the lawyer refuses to give me a copy
and says it is a property of my previous employer and they can
use it for another employee.
What can I do about this situation? Any suggestions.

Thanks
 
It is strange that INS is asking I-140 approval copy, normally they ask for I-485 filling receipt when you apply for AP
Lawyer is not telling you the truth or he is a fool, Only LC can be substituted not I-140, I-140 is for particular person with particular education, date of birth and place, they can not use I-140, just to avoid you the lawyer told you that stuff, talk to your employer if you have good terms with him, if not then talk to new lawyer he/she can get you the copy of I-140 from old lawyer as the old Lawyer was not only representing Employer he was also reprinting you, you also signed G28 that he can represent you, I-140 was also signed by you.
FYI they can not cancel your I-140 now and they cant also use the LC, because your I-485 has been pending more than 180 days with INS, you can use I-485 portability and AC21

If they have to use the LC then they should have cancelled I-140 in 180 days, your old employer game is over now the I-485 belongs to you
Contact Rajiv Khanna or Sheela Murthy they will get your papers back from old lawyer and can also reply to Ins RFe
Good Luck!!
 
By law, he has to give you the copy. Otherwise, you can threaten him that you will make a complaint to the State Bar.

I had been through the same scenario. But then I told my lawyer my ex-employer went under and I threatened to change lawyer, so he gave me all I want. :)
 
wonderfull

You have nothing to worry about. Once you cross the 180 day barrier after filing I-485, the sponsoring employer will loose control over your I-140 approval. Also, I-140's cannot be substituted like labor petitions. Either your lawyer is not familiar with rules or he is fooling you.
This is what I would do in your situation. Call the employer and request them to talk to the lawyer. If the employer is not responsive, then send lawyer an email stating that the I-140's cannot be substituted and also, that you crossed the 180 day barrier on I-485. If he doesn't listen, then, hire another lawyer immediately (not before you explain the new lawyer about your situation and ask if the lawyer can do something about it). The new lawyer will get in touch with the old lawyer and he will speak in the language understood by lawyers. That should work. You got to move fast on this before the deadline given by INS.
It is true that the I-140 is a property of the employer unlike I-485 petition but when the INS is asking for it, your lawyer is legally bound to provide atleast a copy for you to support your case.
 
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