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troubledinva
03-26-2008, 02:33 PM
Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

pbojja
03-26-2008, 03:00 PM
Big Mistake we all do is depending on Employer lawyers . They work for Employers not us , so they dont provide enough details or paper work .

In my understanding there is no way you can find your 140 case with out receipt number , contact your lawyer they can provide your 140 receipt number .

I think There is no way you can file 485 with out 140 receipt notice or approval .

Which country are you from ? Looks like you are not from India , If not I will get around my employer neck to get all the paper work and start working with my own lawyer . You have nothing to loose , you can find another good employer and file GC and can still apply for 485

This is my personal opinion

Saralayar
03-26-2008, 03:56 PM
Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.
Did you sign the papers for I-140?. You need to sign the original form and without that your employer can not file the I-140.

Kodi
03-26-2008, 04:03 PM
I just looked at my forms, I-140 is signed only by your employer. There's no place for us to sign.

If you are EB2 ROW then you can file I-485 but if not you'll have to wait till your priority date is current.

diptam
03-26-2008, 04:12 PM
I mean i also did that when dates became current but the list of articles for 485 include a "future employment letter" quoting that they will employ you after getting a GC. That's how they got to know that i'm going to file 485 on my own.

If you have a APPROVED 140 , you can probably get that letter from some other prospective "future employer" ? I think its possible because is GC is for FUTURE employment but double check this quickly with a lawyer.

I'm 100% sure after 6 months of 485 application you can use AC21 to get a different "future employer" if your 140 is approved...

Hope this helps !

Thanks,

Hi,
I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

Thank you all in advance.

Saralayar
03-26-2008, 04:22 PM
I just looked at my forms, I-140 is signed only by your employer. There's no place for us to sign.

If you are EB2 ROW then you can file I-485 but if not you'll have to wait till your priority date is current.
If the labor is filled under PERM, definitely you need to sign the form and then only the labor is valid and can proceed to file I-140 for that case.

Kodi
03-26-2008, 04:31 PM
Saralayar: If labor is filed under PERM attorney keeps a copy that applicant and employer both signed. But for I-140 only employer signs. Isnt it?

raj2007
03-26-2008, 06:03 PM
No way..It is Employement based green card.
What category you are in?

troubledinva
03-26-2008, 06:05 PM
a) I am not from India

b) My labour was filed under EB2

c) So far I have only signed one paper. Which is the 8th page of PERM document (ETA9089) . It reads something like this
"If the application is submitted electronically, any resulting certification MUST be signed immediately upon receipt from DOL before it can be submitted to USCIS for final processing"

d) So my I140 is not approved yet. It is still pending.

As he delayed the process by 6 month before the date I signed , I am assuming he submitted by I140

Now,
1) Is there any other document I need to sign before he files my I140 apart from what I have mentioned above.

2) Is it must to have the receipt number of I140 to file 485.

3) And I would like to hear from "diptam" if the only thing you need from Employer is the letter and nothing else. The reason why I am asking this is I might be able to get to his neck and pull the letter from him.


Thank you all for the great help and advise.

Kodi
03-26-2008, 06:35 PM
If he's EB2 ROW can't he file I-140/I-485 together?

Isn't it true that once LC is approved its only valid for 6 months and you have to file I-140 before LC expires?

pbojja
03-26-2008, 06:37 PM
Looks like your Employer is a desi breed with desi Lawyer

You are so nice to your Employer , If I m not from India I would care less abt my current GC and Employer .

First send him a nice mail requesting for all the documents Labor and 140 and and the Lawyer contacts , If you dont get the response challenge him .

If you quit the company , you have to start GC all over again but whats the big deal you will be able to file 485 in months .

I sound like a rebel but I have gone through a lot of s*** while filling my 485 , I learned a strong lesson in my life .

troubledinva
03-26-2008, 06:49 PM
Thank you all for strong advise and power bosting responses: Here are some fact:

My employer is Desi. If you already did not know of this and to make the matter worst Lawyer is Desi too. So there is absolutely no help from either side.

1) Can I request the Receipt Number from INS instead. Will they give me the receipt number if I go in person and provide all the validation.

2) I am current. I am under EB2 , Other country than India and China ( no not Pak either) and I can file 485. My problem is now doubled as I have been married for 2 years and my wife is home all day doing nothing.

My desperation is only to get EAD and make her work. I have tried all thing possible with my current Employer but of no help. If I leave his company than I have to start from ZERO which is good 8-9 months even if I start the process now. This is all my worries.

Thank you all.

Kodi
03-26-2008, 06:54 PM
From what I know USCIS won't give the receipt # to you. Only your employer can.

BlueSoft
01-16-2011, 08:30 AM
You will not be able to find out if an I-140 has been filed on your behalf just by calling USCIS. You would need to have a current priority date and an approved I-140 to file the I-485. You can not just file I-485 without the knowledge of your employer.

Good Luck !

nlssubbu
01-17-2011, 03:44 PM
Thank you all for strong advise and power bosting responses: Here are some fact:

My employer is Desi. If you already did not know of this and to make the matter worst Lawyer is Desi too. So there is absolutely no help from either side.

1) Can I request the Receipt Number from INS instead. Will they give me the receipt number if I go in person and provide all the validation.

2) I am current. I am under EB2 , Other country than India and China ( no not Pak either) and I can file 485. My problem is now doubled as I have been married for 2 years and my wife is home all day doing nothing.

My desperation is only to get EAD and make her work. I have tried all thing possible with my current Employer but of no help. If I leave his company than I have to start from ZERO which is good 8-9 months even if I start the process now. This is all my worries.

Thank you all.


I read somewhere in IV that you can file an FOIA to get the receipt number / copies of your I-140 filed with USCIS. [I remember reading on what needs to be done to send such a request in elaborate manner in my past]. I hope that will help.

Thanks

sanjay02
02-07-2011, 03:27 PM
USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)

mccartjt
02-15-2011, 01:26 PM
As the employer is the payer of the application for the I-140 and its made out in his corporation's name, its not the property of the would be future GC holder. Sorry, but I think that is the law..

shankar_cdm
02-15-2011, 02:24 PM
Hope you have the approval copy of your I-140. Then

(1).If you file by yourself, it might cost you around $6000+ (yourself & your wife), so decide which is better for you.
(2).Get the employment (Verification) letter from your employer by saying any reason (like apartment lease etc.), typically it's not tough.
(3).Findout good attorney and file it.
(4).Keep quiet for 180 days..
(5). You career is under your control

Good Luck !!!

This worked very well on many cases..Beleive it..

Friends: Don't scare any of our brothers & sister.

sk.aggarwal
02-15-2011, 02:32 PM
I got a copy of my I-140 through FOIA. If you dont have tracking number use your I94 # or your A#. I guess it takes few months. Just apply and forget. No fees.

mccartjt
02-15-2011, 06:36 PM
If you haven't an I-485 filed you can't get AC 21 portability/transfer, if it takes 2 months to get FOIA info on your employers I-140 for two months then you're looking @ 8 months before you get that going too.

If you are realistic, don't forget there's a recession/depression on out there so getting work isn't going to be the easiest of tasks is it? So how are you claiming the right to a new position/thus GC? Or have I missed something here? If you get caught trying to pull a fast move kiss coming to the USA good bye!