Question on old documents

[decade]

My wife and I are in the process of applying for I-485 and I-140 concurrently through my employer. The immi lawyer requested our old expired H1-B/F-1 notice that we no longer keep. I was told by my employer HR that if we're unable to produce these documents, our application would end up in ROE. My thought is the government issued these documents, why in the world they wouldn't look it up in their database? Is it even a requirement?

I'm very disappointed with the current immigration lawyer that's been handling my case for over a decade and still asking for more and more documents. I'm not able to communicate directly to them without going through my employer's HR. Does anyone know how I can safely go through this process?

[SpinSuzuki]

I find it rather strange that you did not keep an expired H1B document that proves your legal immigration status at a certain period of time. It is your burden and responsibility to provide proof by way of documents for whatever USCIS asks. Of course, USCIS would have an electronic version of what you are missing somewhere in their systems, but USCIS is not going to spend their time looking for documents that you need to provide. At a time, when USCIS provides long Requests for Evidence(RFE) for every small thing because they are backlogged, you have probably given them more opportunity. It is a bit naive to think that a government agency works in a super-efficient manner, even in so-called developed nations. Please check with the attorney or USCIS directly if they can send you a copy of the document you need.

Hope you didn't throw away your expired passports, I-94s, paystubs, previous year tax returns, W-2s, employment letters, etc. just because they are old or expired. The onus of providing the proof is on the applicant not on the government agency. Surely, your paystubs, W-2s, tax returns are documents that are much more easily retrievable but others may not be as easy.

Please try to keep your required documents while you are here as a legal alien.

As regards the communication channels between your employer and the attorney, I think that is a company policy and you would have to talk to your HR directly. And the trend now is that USCIS does ask for a lot more documentation compared to a few years back, so it may not be the attorney's fault directly.

Good luck and hope things work out smoothly for you!

My wife and I are in the process of applying for I-485 and I-140 concurrently through my employer. The immi lawyer requested our old expired H1-B/F-1 notice that we no longer keep. I was told by my employer HR that if we're unable to produce these documents, our application would end up in ROE. My thought is the government issued these documents, why in the world they wouldn't look it up in their database? Is it even a requirement?

I'm very disappointed with the current immigration lawyer that's been handling my case for over a decade and still asking for more and more documents. I'm not able to communicate directly to them without going through my employer's HR. Does anyone know how I can safely go through this process?

[Adrian Gruber]

Foia request

My wife and I are in the process of applying for I-485 and I-140 concurrently through my employer. The immi lawyer requested our old expired H1-B/F-1 notice that we no longer keep. I was told by my employer HR that if we're unable to produce these documents, our application would end up in ROE. My thought is the government issued these documents, why in the world they wouldn't look it up in their database? Is it even a requirement?

I'm very disappointed with the current immigration lawyer that's been handling my case for over a decade and still asking for more and more documents. I'm not able to communicate directly to them without going through my employer's HR. Does anyone know how I can safely go through this process?

I am directing you to USCIS "Freedom of Information" website: https://www.uscis.gov/about-us/freed...nd-privacy-act

On this link any an all records for you/by you are available for retrieval. If you make a request in writing/Elecrtonically be very specific on what information you want retrieved, specify dates/types of visa's I-94 etc. Provided they are able to fast track your request will take appx 28-40 days.

[decade]

I am directing you to USCIS "Freedom of Information" website: https://www.uscis.gov/about-us/freed...nd-privacy-act

On this link any an all records for you/by you are available for retrieval. If you make a request in writing/Elecrtonically be very specific on what information you want retrieved, specify dates/types of visa's I-94 etc. Provided they are able to fast track your request will take appx 28-40 days.

Thank you so much for this information. Very helpful!