AOS Through Employment Question - Page 2

Here's what he needs to do then, get a FOIA for his father's A-file with USCIS (father will have to sign off on form G-639), there has to be proof of 245(i) eligibility in there.

Therein lies the issue my father was never able to adjust status, although his app was approvable when filed. Due to the combined incompetence of the lawyer and his mother/secretary my fathers case was erroneously closed towards the end of the DOL certification step. We were never informed of that by the lawyer, we had to figured it out on our own and then pushed the lawyer to go through the motions of re-opening the case. Once the case was re-opened it was placed in the back of the queue and the lawyer stated he would be charging us again for attorneys fees. At this point we were shocked that we were expected to pay for the process all over again although the attorney had stated the case had been closed because he had note filed needed documents in a timely manner. Even if we had wanted to pay again my father had exhausted all his savings with the previously paid fees. So this attorney essentially held our case and documents hostage until we agreed to pay more money. (At the time none of us knew my father had a right to his own documents)

If you don't mind- what field do you work in? Was the labor certification part difficult? aka the proving no US Citizen can do your job?

So, was I-485 and I-485A ever filed with INS?

Don't think so, like i said attorney held his docs hostage and refused to give us info. But a FOIA with USCIS under my dad's name turned up nothing. But from my understanding as long Perm Cert/DOL Cert was filed and he was approvable at filing time then he is still grandfathered under 245i and I as his daughter am too