Please advise/Suggest

M

M101

Registered Users (C)
Here's the scenario.

Have a friend who worked for company A
- I-140 approved in 2000 (he has a copy of the approval)
- laid off in 2000
- joined company B in 2000
- can he apply I-485 based on prior I-140 approval?
- If so, can he get copy of I-140 approval from USCIS as his previous employer/immigration attorneys are not forthcoming abt info related to his I-140 and he is not sure if I-140 was revoked.

I request people to reply and post any suggestions you may have. I really appreciate your help.

thanks
 
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He can check if 140 is not revoked if he has the application#.
He can get the copy of 140 by applying FOIA(Form G-639)- takes about 90 days.
If his 140 is still approved he can apply 485 based on it.
Contact a lawayer get it rolling.
HTH
 
GC012002 is correct , I-140 is sponsoring company property hence ,I guess you will not be able to use it to the best of my knowledge
 
Originally posted by May142002
GC012002 is correct , I-140 is sponsoring company property hence ,I guess you will not be able to use it to the best of my knowledge
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If I-140 is not revoked and Labor is not used then he can use that. I-140 belongs to company. But it is immigrant petition applied for the person. If immigrant visa is still not canceled/revoked he should be able to use the immigrant visa.
In such cases usually you will not submit employment letter along with I-485 application. After the six months of pending I-485 he can make use of AC-21 and show the new company as a sponsored company.
I know couple of people getting approval like this.
 
Originally posted by tammy2
If I-140 is not revoked and Labor is not used then he can use that. I-140 belongs to company. But it is immigrant petition applied for the person. If immigrant visa is still not canceled/revoked he should be able to use the immigrant visa.
In such cases usually you will not submit employment letter along with I-485 application. After the six months of pending I-485 he can make use of AC-21 and show the new company as a sponsored company.
I know couple of people getting approval like this.
Click to expand...

"If immigrant visa is still not canceled/revoked he should be able to use the immigrant visa".
What are you talking about?
 
Originally posted by GC012002
"If immigrant visa is still not canceled/revoked he should be able to use the immigrant visa".
What are you talking about?
Click to expand...
I-140 is immigrant visa.
 
Originally posted by tammy2
I-140 is immigrant visa.
Click to expand...

NO.

I-140 is "IMMIGRANT PETITION FOR ALIEN WORKER". It is a petition, not a visa.
Visas (for immigrant or non-immigrant) are issued by the US Department of State, not CIS.
 
Originally posted by GC012002
NO.

I-140 is "IMMIGRANT PETITION FOR ALIEN WORKER". It is a petition, not a visa.
Visas (for immigrant or non-immigrant) are issued by the US Department of State, not CIS.
Click to expand...


Immigrant petition for ALIEN WORKER for what?

The First line in I-140 form goes like this

This form is used to petition to the U.S. Citizenship and Immigration Services (CIS) for an immigrant visa based on employment

Just for understanding let me compare H1 and green card . LCA in H1 and LC in Green card . I-129 in H1 and I-140 in green card. Stamping in H1 - CP/AOS in green card.
 
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tammy2,

I-140 is NOT a visa. A visa, by its general defination, is issued by the State department and will allow the person to travel to POE(port of entry) and enter the US by the discretion of CIS officials. If you go through CP after I-140 approval, once CP is approved, you will be issued an immigration visa by State department (Not BCIS).

I-140 approval only gives you right to apply for CP or I-485 only if a visa number is available. It itself does not give you any right to stay or enter the US. It is not a visa.

The petitioner for I-140 is the company, not the individual, if you are not applying based on EB-1. So it's company's property. If you are not working at that company, the I-140 will be invalid. Unless, you filed I-485 180 days before your leaving the company according to AC-21.
 
I agree It is company's Property. But once that property is given to you unless it is revoked it belongs to you. Labor totally belongs to a company. Company says I am going to use Labor to some person and issue him a immigrant visa. So the labor is assigned to that person. That is the reason Labor substitution is allowed. Why there is no I-140 substitution? If I-140 wholly belongs to the company, they would have allowed it. But instead CIS will ask to revoke I-140 and reuse the Labor.

I know the difference between stamping and approval of any petition.
Basically stamping process was brought into picture to verify the authenticity of documents provided for the petition since there was no other way of confirming as immigrant will in other country. Then security check were added to that. Unless documents are verified you will not get visa on your passport. So approval and stamping are two steps.
Approval I-140 Makes you get eligible for stamping. You need to go for stamping to finish up the process. Visa (visa number for shake clarity) is issued at the approval of I-140.
Originally posted by compaqdb

The petitioner for I-140 is the company, not the individual, if you are not applying based on EB-1. So it's company's property. If you are not working at that company, the I-140 will be invalid. Unless, you filed I-485 180 days before your leaving the company according to AC-21.
Click to expand...

GC is future job Whether you work for that company or not that does not matter.
 
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"Approval I-140 Makes you get eligible for stamping. You need to go for stamping to finish up the process. Visa (visa number for shake clarity) is issued at the approval of I-140."

Boy.. where did you get this idea from??

Approval of I-140 only makes you eligible to continue the process, either AOS or CP.

Read this document about immigrant visa number:
http://uscis.gov/graphics/howdoi/immvisa.htm

"USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available."

USCIS does NOT have any control over the immigrant visa.
At this time, all categories in employment-based are current, so you can submit form I-485 immediately after your I-140 is approved; or you submit both I-140 and I-485 together for concurrent processing. A few years ago, even if you had an approved I-140, you could not submit I-485 because some categories were not current. INS would simply return your I-485 and ask you to wait.
 
Originally posted by tammy2
What is AOS or CP. It is stamping process.
Click to expand...

You keep saying 'stamping process'. What exactly is in your mind when you say 'stamping process'?

We use the term 'stamping process' for somebody whose I-485 (Adjustment of Status/AOS) has been approved or the Consulate Processing (CP) interview is successful.
The 'stamping process' here is getting the I-551 stamped on the passport as a temporary evidence that the person is a Legal Permanent Resident. With the I-551 stamped on the passport, the person can travel, etc. while waiting for the plastic card to arrive.
Again, having an approved I-140 DOES NOT guarantee that you will get an I-551 stamp, because you have to submit form I-485 first. And if it gets denied, you can either file a motion to reopen, etc. or say goodbye to the I-551 stamp / your green card.

For Consular Processing (CP) - you MUST go to the US consular (they are part of the US Deparment of State) in your home country. During the interview, there is a possibility that they will deny you an immigrant visa. So again, having an approved I-140 DOES NOT guarantee you an immigrant visa. If they approve, you will get a sealed envelope to be presented to the officer at Port of Entry in the US. It is at this POE that they will stamp your passport with the I-551 stamp.

www.immihelp.com has very good explanation of both processes.
 
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