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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 10-12-2006, 09:48 PM
sri123 sri123 is offline
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Sep-03
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Default I-140 approval notice

I recently got my I-140 approved with 2003 PD. My employer is not willing to give me the copy of approval notice. I have two more years left on H1.
However I have a copy of my I-140 receipt notice submitted by employer at the time of filing my I-140. If I switch a job now will I get my PD portable with the new employer? If we assume, after joining the new employer and they do the GC right from scratch through PERM and ready for I-140 then do I need to enclose a copy of my I-140 approval notice at the time of applying I-140 from the new employer to claim old priority date? Is there any way I can get a copy of my I-140 approval from USCIS or my employer? Do I have a legal right to get the copy of I-140 as my name appears as beneficiary on the approval notice. Your suggestion is highly appreciated!
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  #2  
Old 10-12-2006, 09:58 PM
gcnirvana gcnirvana is offline
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Mar-06
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I140 Mailed Date
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05/25/2006
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07/01/2007
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Default Check this out

I think you can. Check out this thread for more info.

http://immigrationvoice.org/forum/showthread.php?t=1469
Quote:
Originally Posted by sri123
I recently got my I-140 approved with 2003 PD. My employer is not willing to give me the copy of approval notice. I have two more years left on H1.
However I have a copy of my I-140 receipt notice submitted by employer at the time of filing my I-140. If I switch a job now will I get my PD portable with the new employer? If we assume, after joining the new employer and they do the GC right from scratch through PERM and ready for I-140 then do I need to enclose a copy of my I-140 approval notice at the time of applying I-140 from the new employer to claim old priority date? Is there any way I can get a copy of my I-140 approval from USCIS or my employer? Do I have a legal right to get the copy of I-140 as my name appears as beneficiary on the approval notice. Your suggestion is highly appreciated!
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  #3  
Old 10-13-2006, 08:41 AM
okuzmin okuzmin is offline
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Sep-05
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Russia
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Default

You do not have the legal right to demand the copy of your approved I-140. You also have no right to request a copy of your I-140 approval notice from USCIS. It belongs to your employer, and you're at his mercy, really.

Last edited by okuzmin; 10-13-2006 at 08:47 AM.
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  #4  
Old 10-13-2006, 08:45 AM
okuzmin okuzmin is offline
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okuzmin is a jewel in the rough okuzmin is a jewel in the rough okuzmin is a jewel in the rough okuzmin is a jewel in the rough
Default

sri123, as an alternative, you can get a print-out of your online case status:

https://egov.immigration.gov/cris/jsps/caseStat.jsp

I bet your I-140 status there is "approved and mailed on ##/##/#### date". Print it into a PDF file, so you always have an electronic version to print out. It worked for me when my approved I-140 got lost in mail, and my employer had to request a copy of it by filing form I-824. We printed out and attached online case status among other documents.

When it's time for you to file I-485 with a new employer, you can write an explanation letter, attach the print-out, or simply mention your I-140 receipt #. I'm sure this will be sufficient for USCIS: they can check application status and all related information by receipt #.

Last edited by okuzmin; 10-13-2006 at 08:50 AM.
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  #5  
Old 10-13-2006, 09:32 AM
sri123 sri123 is offline
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Default

Thank you all for providing very useful information and guidance. Does anyone could successfully got their approved I-140
through FOIA request recently? How long does it take? This information would be very helpful for lot of other members like me.
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  #6  
Old 10-13-2006, 02:33 PM
GCwaitforever GCwaitforever is offline
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May-02
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04/15/2007
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04/15/2007
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Default

Quote:
Originally Posted by nycgal369
is it true that you can port your old pd to new LC and I-140? is this by AC21? I thought only I-140 approval and minimum 6 month wait on already filed I-485 was required to be able to do this.
please clarify if you know differently.
Also, if you get I-140 approval, but cannot file 485 due to retrogression, can you still use AC21, 6 months after your I-140 approval?
There is no need to wait after I-140 approval. Only thing is you have to do it very quickly as the would-be-ex-employer can cancel the I-140 thus making you loose the PD. Some attorneys think it is OK even if ex-employer cancels the I-140, but this is less safer.
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  #7  
Old 10-13-2006, 05:39 PM
nb_des nb_des is offline
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Dec-04
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10/03/2006
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06/29/2007
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Quote:
Originally Posted by nycgal369
is it true that you can port your old pd to new LC and I-140? is this by AC21? I thought only I-140 approval and minimum 6 month wait on already filed I-485 was required to be able to do this.
please clarify if you know differently.
This is true however you need to get labor and I140 approved from new employer. Also probably there could be issues in porting PD if old employer cancels 140.

Quote:
Also, if you get I-140 approval, but cannot file 485 due to retrogression, can you still use AC21, 6 months after your I-140 approval?
No you cannot do this without filing 485
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  #8  
Old 10-14-2006, 12:20 AM
inthehole inthehole is offline
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Priority Date
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Jan-03
Category
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EB3
I140 Mailed Date
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10/10/2005
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I-485
I485 Mailed Date
:
07/19/2007
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Posts: 58
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Question 8th year H1B

I am with Employer A on 8th year H1B and my I-140 is approved. I am planning to switch to Employer B. I am willing to lose my priority date from Employer A.
But Employer B's attorney told me that I should make sure that Employer A does not revoke my old I-140 even after I join Employer B.
If Employer A revokes my old I-140, then I will lose my Employer B's H1B,LC and I-140 and will eventually lose my status.
Should I get a second opinion ?
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