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pointlesswait
04-28-2009, 02:10 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

2.) Am i wrong is even asking for that information?

radhay
04-28-2009, 03:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?

I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.

vijju123
04-28-2009, 05:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.

Vijay

chanduv23
04-28-2009, 06:12 PM
A good employer and a good law firm will not have the dirty deals of trying to screw an employee.

It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.

FOIA takes time, but one will eventually get it through that channel also.

ivar
04-28-2009, 06:27 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

2.) Am i wrong is even asking for that information?


Pointlesswait,

Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.

Thanks.

pointlesswait
04-28-2009, 10:24 PM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

finally i got the 140 from my employer..and my date was ported successfully..so its all good.


Pointlesswait,

Is I-140 approval and date porting done concurrently? my attorney told me that old priority date can be ported only when new I-140 is approved, we have to file an application to port date seperately. Correct me if i am wrong OR my attorney is just trying to drag it longer.

Thanks.

ivar
04-29-2009, 10:43 AM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

finally i got the 140 from my employer..and my date was ported successfully..so its all good.

Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

Thank you.

crazyghoda
04-29-2009, 11:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

Best to port the PD at the time of filing the 140.

Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

ivar
04-29-2009, 05:35 PM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.

Best to port the PD at the time of filing the 140.

Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.

Crazyghoda,

I am still waiting for my PERM but i had talked to my attorney regarding porting of my old priority date he says i will have to wait till i get my new I-140 approved. I am not sure how should i convince him to file I-140 and priority porting application together once i get my PERM approval. I need some strong documentation to support my statement if he denies doing both together. I tried googling but yet to find some document related to this.

Thank you.