QUESTION
Do I need to have the copy of the i140 to be eligible for the i140 or can I use the receipt?
Asked on Jun 18th, 2013 on Immigration - California
More details to this question:
I entered the country without inspection when I was 5, I am now married to a US citizen and I'm trying to get my green card. My father was petitioned by his employer (i140) in 1997 but it’s still pending, I found out that I could be eligible for the 245i but the problem is that my dad no longer works for that company and we only have the receipt of the i140 not a copy and there is no way to get a copy from his former employer since they sold the company and they have no record going that far back.
4 ANSWERS
If you have the receipt notice of the I-140 filing, that should be enough for 245i, if you submit enough additional supporting documentation.
Answered on Jul 16th, 2013 at 10:02 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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I140 receipt should work for 245i purposes. However, you still need to find out if the I140 was approved, did they request more information, etc.
Answered on Jun 19th, 2013 at 5:21 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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To prove your 245(i) eligibility, you do not need a copy of I-140 - the filing receipt should suffice. A copy of the labor certification application (that must have been filed and approved before your father's employer could have filed I-140 petition) would be helpful, and your attorney should be able to obtain it from USCIS or from the department of labor of the state where it was filed.
Answered on Jun 19th, 2013 at 5:21 PM
The Receipt Notice is sufficient.
Answered on Jun 19th, 2013 at 9:31 AM