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  • I-140 employer doesn't want to give copy

    Hi,

    Just a quick question, maybe someone knows the answer.

    My step sister's employer doesn't want to give her a copy of I-140 approval. She is an H-1B holder, now she is changing a company. The new company is willing to sponsor her and she would be eligible to keep the previous priority date but she has to provide a copy of I-140 approval. She contacted the attorney who took care of her case but he states he can not give her any copies unless the company gives him permission. What to do?

    Thanks a lot for your time.

  • #2
    Hi,

    Just a quick question, maybe someone knows the answer.

    My step sister's employer doesn't want to give her a copy of I-140 approval. She is an H-1B holder, now she is changing a company. The new company is willing to sponsor her and she would be eligible to keep the previous priority date but she has to provide a copy of I-140 approval. She contacted the attorney who took care of her case but he states he can not give her any copies unless the company gives him permission. What to do?

    Thanks a lot for your time.

    Comment


    • #3
      The newly retained attorney by your stepsister's new company can request the whole set of her immigration-related documents from the previous lawyer.

      (Just an opinion - take it or leave it).

      Comment


      • #4
        He did it but he did not receive I-140 because I-140 is not hers, it belongs to the sponsor. He received all documents regarding the Perm application etc. but not the I-140.

        Comment


        • #5
          Please look. The PERM application belongs to the original sponsor just as well as the I-140 if the same logic would be applied, which the new lawyer obtained as you said. I want to guess that the 'parting of ways' between the alien and the old sponsor wasn’t so amicable or cordial, was it? That’s why the sponsor is pulling some strings that s/he knows best just to give your stepsister some kind of pain (by refusing access to her I-140 records). But there’s a little leeway, I think. The Form I-140 takes on the priority date of the underlying PERM. Your stepsister needs to establish the I-140 approval in order to utilize the old priority date for the new PERM filing, right? If at least the case number of the I-140 is known and it’s really approved, the screen print of the case status online on the USCIS website could be used as proof of its approval, if to be required by the Department of Labor later at all.

          (This is not a legal advice - just an opinion. Consult with a professional).

          Comment



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