Problems with employer

teitake

teitake

Member
Hi. My I-140 was approved in December 2020 but the current status is showing the document was not deliverable and was returned (over a month ago). I notified my employer when the status was updated (following the previous request to my employer to contact the USCIS since the document was apparently being delayed). Nothing has been changed. I have the feeling that my employer is trying to not provide me with the document so as for me to not file the I485 (my employer is afraid once on the green card, I'll leave the company). My understanding is that I-140 approval (797) is sent to the employer or the attorney and not to the benefitiary. Since the document has not been received by anyone, Is there a way for me to petition the approval notice sent to me (beneficiary)? The E-request page on the USCIS website only seems to allow applicant or attorney to file any request and not the beneficiary.
 
The employer finally contacted USCIS and found that they had put the wrong address and that was why the document was not being delivered. I received the email copy of I-797.
I also have another issue where up until I-140 submission, my employer kept saying they will expedite everything and will not delay anything, but when the application was sent, I was told I had to wait another 2 years for me to file I-485 to do AOS because that's the company policy, which they never explained before. Because I-140 and I-485 were not filed concurrently, I needed them to sign off on the supplement J in order for me to go ahead with AOS. The supplement J and AOS are basically taken hostage because they are afraid of me leaving the company once GC is approved. But to me personally, what they've done and the way they did it are making me distrust them and giving me more reasons and incentive to leave them when I wasn't planning to otherwise.
Now that my spouse was selected for DV2021, we are silently moving forward with AOS on that avenue, and I am completely ready to leave the company if we get the GC.
 
Supplement J comes into picture when I-485 remains pending & when it is ready for adjudication USCIS requests for one. It has both options when you continue to work for same I-140 petitioner or moved to different employer under AC 21 portability provisions.
 
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