I-140 or PERM copy needed if i change company?

[krs_ravis]

Hello Friends,

 

My background: 

I am from India and working for US client thru US consultancy company as contractor. My I-140 is going to apply soon. For I 140, i am paying the USCIS fees and lawyer fees and for premium processing if i do. My lawyer said they are not going to give either PERM copy or I-140 copy because they have agreement with my company to not to give to candidate. But she said that she can give I-140 application number(some thing like that), so that i can track it in internet.

 

1. I have a client offer letter but decided to stay with consultancy company because the Client is very big company and their procedure is very very long and delayed and HR also not sure when they start the GC procedure also. But they will pay the money for total GC procedure. But here i may lost 2 years for priority date.

2. my consultancy started immediately and procedure is also fast as they can. but i need to pay the money for GC except PERM.

 

My question:

1. After applying for I-140, if i want to join with Client company, then can i have the same priority date ? eventhough if i dont have the PERM and I-140 copies? Assume that i have I-140 application number only?

2. Because i need to pay 3000 - 3500USD for I-140 (including premium processing fee now.

3. So, i need to decide whether this amount is worthable  or not? such that after I 140 approves, i can join US company with same priority date.

Thank you very much for your valuable time for reading my query and also guiding me. 

[vicky112]

u paying for i140 is not at all acceptable. now a days people are lot getting lot of queries for labor and i140. one common query is about "who is paying for gc". it always should be employer according to law.

[Attorney_9]

The employer is required by law to pay the expenses associated with obtaining a labor certification, but the same is not currently true for the I-140 petition.

 

If you have an approved I-140, you should be able to retain that priority date for a subsequent case, even without a copy of the I-140 approval notice. The I-140 receipt number should be sufficient for informing USCIS of the details.

 

Keep in mind that there is a great deal of searchable information on currently filed labor certification cases (since 2009) on the LC registry page.

 

Also, be aware that it is possible to file a Freedom of Information Act request with the USCIS to obtain a copy of the I-140 forms from your case based on that I-140 receipt number.  Those copies should show the approval stamp, priority date and classification from your approved case.

[krs_ravis]

thank u Attorney