Proof of Priority Date

G

gc_75

Registered Users (C)
I have by I-140 approved with Feb 2003 priority date. My I-485 is pending. I am planning to apply for EB2 PERM and would like to port the priority date of my approved EB3 I-140. The problem is that my employer not willing to give me the copy of approved I-140 approval notice. I have filed a FOIA petetion for the copy of I-140 but I doubt whether I get it or not. I would like to know if there is any other way to prove the priority date other than I-140 approval notice. I also would like to know if any of you are able to port the priority date without the copy of I-140 approval notice.

Thanks for your time.
 
PD will be there in your LC approval too

If you have copy of LC approval. Or you can try 45 days letter.

Hope that helps..
 
Sorry I just checked my 45 days letter and LC approval

It says date of Processing and does not specifically say Priority Date.

Only thing, that I can request is, make request to employer.

Is your employer a big company or consulting company?

What is FOIA petetion? How to apply?

Thanks
 
Do not havethe LC copy approval copy either

I do not have anything related to LC approval either. My case did not go to the backlog center. So I do not have the 45 day letter also. During the period I applied for labor, they were getting approved in in about 6 months at Nebraska service center.

My company is a desi consulting company with about 50 employees.I have already requested the company and lawyer but they refused to give me the copies.

FOIA means Freedom of Information Act. USCIS has a form called G-639 for this purpose using which we can request for any information related to us. I have seen some posts in this webiste where people were successful in getting the I-140 copy with FOIA. But looks like it is taking more than a year time.

Thanks
 
On my I-485 receipt, there is a place for Priority Date. But it is blank. I do not know if that is normal.
 
If you get the copy thru FIOA, be very quite. Your employer can cancel the I-140 if he gets pixxed.
 
agan, you say that the employer can cancel I-140 and it is implied that one will lose the Priority Date associated with that I-140. But look at this post, which is contradictory to what you say:

-----------------------------------------------------

http://boards.immigrationportal.com/showthread.php?t=228889&page=2

-----------------------------------------------------
srkforgc
Registered User Join Date: Nov 2006
Posts: 1

You will not lose your PD even if your current (old) employer cancels the I-140. Only scenario when one loses the PD is when USCIS finds that there was fraud or misrepresntation by the applicant (applicant is your employer). Why will employer claim that they have done fraud?

-----------------------------------------------------

What is the real deal ? If am employer revokes/cancels I-140, then can the employee keep his PD or not.

Thanks.

GV
 
You have the right to invoke FOIA and get the information required. I believe I 140 is the right of the employer. Anyway he will not come to know that you requested the copy of ur PD etc and he cannot cancel the I 140 on the basis of that.

Ofcourse unscruplous desi companies will do anythign !

Let us know if you were successful in getting the copies.
 
I quit my company just after filing for I-140 and before it got approved, now I am working for an other company and have restarted my green card process from scratch. Now if the ex-company's I-140 was approved , will I get to keep that priority date.
 
You must log in or register to reply here.
Top