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View Full Version : how to get i-140 receipt # & Approval notice info


betman
11-13-2015, 04:14 AM
I worked for american services company that was acquired by another services company. they filed my i-140 (Successor-in-interest) after acquisition (with PERM approved from the acquired company) and now they are asking me to sign contract where i pay them back to money for i-140 filing if i leave them within 1 yr. my i-140 was filled in the beginning of this week in premium processing. they are refusing to give me receipt # and saying you have to sign i-140 contract. i told them i didn't have to sign any contract when i joined the company u acquired and i was told that nothing will change everything will remain same after acquisition so why it is changed now? their answer to that is you've to comply with policy of our company. I don't want to sign this contract and I've another offer. is there any way i can get i-140 receipt # and i-140 approval copy if my employer and/or lawyer refuses to give me this info because I am not agreeing to sign the contract?

hopefully my i-140 should get approved this week or next week since it was filled in premium processing, they took 3 months to file my i-140!

gopal008
11-13-2015, 07:34 AM
I heard FOIA should get you the i140 approval.

wetfeet80
11-13-2015, 07:39 AM
I heard FOIA should get you the i140 approval.

FOIA may or may not give him I-140 details. Moreover, if he leaves in nect 6 months, his 140 can be revoked by employer and he wont be able to port thr date. Has to think how important PD is for him and decide.

betman
11-13-2015, 10:41 AM
I got receipt # from lawyer. I don't want to sign contract. earlier they said they don't revoke i-140 but i think priority date is important to me so do i really loose priority date if they revoke i-140 in 6 months?

DMX17
11-13-2015, 10:47 AM
Sorry to hear but this is very common. Employers generally ask to sign payback agreements and refuse to give i140 receipt.

The only way to get the i140 receipt is through FOIA and I suggest you put request in now and specifically ask for "I140 petition approval notice or full petition filed by XXX employer with beneficiary name XXZ (your name)"

Or wait until it is approved and file FOIA. It took about 20 days for me.

betman
11-13-2015, 10:50 AM
Sorry to hear but this is very common. Employers generally ask to sign payback agreements and refuse to give i140 receipt.

The only way to get the i140 receipt is through FOIA and I suggest you put request in now and specifically ask for "I140 petition approval notice or full petition filed by XXX employer with beneficiary name XXZ (your name)"

Or wait until it is approved and file FOIA. It took about 20 days for me.
Thanks. is it common practice with non-desi companies too? would i be able to port priority date if they remove my i-140 soon? they said few months ago that they don't revoke i-140. now, they are asking me to sign agreement, I'm worried what if they revoke my i-140 if i don't sign payback agreement.

DMX17
11-13-2015, 11:00 AM
Thanks. is it common practice with non-desi companies too? would i be able to port priority date if they remove my i-140 soon? they said few months ago that they don't revoke i-140. now, they are asking me to sign agreement, I'm worried what if they revoke my i-140 if i don't sign payback agreement.

Please educate yourself on the lawyer forums. I140 if revoked by employer is still good for porting the PD but not good for H1 extensions. It is in your interest to keep that i140 alive (not revoked when you leave). We are also expecting a rule to help on this. Read on that.

I don't know about all employers but both of mine made me sign. I am not in IT.

where_is_freedom
11-13-2015, 11:07 AM
Don't worry. Nothing will happen. Even if they revoke I-140 after approval, the priority date is yours to keep. There is no 6 months rule for 140. If you can get the details of 140 using FOIA, then there is nothing you need to worry about.

Even my previous company had a similar contract which states I need to pay back legally permissible expenses if I leave with in 1 year of filing immigration petition. I left them after PERM but before I-140 and they asked me to pay $56, yes it is $56 which they paid for my educational evaluation. Other fees like USCIS fees is supposed to be paid by employer and he cannot ask employees to pay it back.

betman
11-13-2015, 12:28 PM
Don't worry. Nothing will happen. Even if they revoke I-140 after approval, the priority date is yours to keep. There is no 6 months rule for 140. If you can get the details of 140 using FOIA, then there is nothing you need to worry about.

Even my previous company had a similar contract which states I need to pay back legally permissible expenses if I leave with in 1 year of filing immigration petition. I left them after PERM but before I-140 and they asked me to pay $56, yes it is $56 which they paid for my educational evaluation. Other fees like USCIS fees is supposed to be paid by employer and he cannot ask employees to pay it back.
Thx. can i leave now without signing contract and not wait for approval? will it affect my priority date or h1b renewal extension? I'm in 5th year of my h1b.

where_is_freedom
11-13-2015, 01:22 PM
If your employer sends a request to revoke I-140 before it gets approved, USCIS will revoke before approval and you will have nothing. You said, it was filed under premium processing, if you can wait, wait till approval. Else, take the best decision you think is good for you.