Do I need to have the copy of the i140 to be eligible for the i140 or can I use the receipt? 7 Answers as of July 16, 2013

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.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If you have the receipt notice of the I-140 filing, that should be enough for 245i, if you submit enough additional supporting documentation.
Answer Applies to: California
Replied: 7/16/2013
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Bingo! You're 245i-eligible! If the I-140 was simply accepted by old INS-now USCIS, then it was "approvable when filed." On that basis alone you can file for adjustment of status, with your husband acting as a "grandfathered petitioner."
Answer Applies to: California
Replied: 6/24/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
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.
Answer Applies to: California
Replied: 6/19/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
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.
Answer Applies to: New York
Replied: 6/19/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
Your father should file a FOIA request to obtain a copy of the I-140 and all attachments.
Answer Applies to: Michigan
Replied: 6/19/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The receipt may be sufficient. It really will depend upon the information on the receipt. It is your burden to prove you are grandfathered so the more evidence you can obtain the better. Your father could request a copy of his immigration file through FOIA which should provide you with copies of the labor case.
    Answer Applies to: New York
    Replied: 6/19/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    The Receipt Notice is sufficient.
    Answer Applies to: California
    Replied: 6/19/2013
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