AC 21 question -- Job description unavailable??

S

sachinsoni

Registered Users (C)
Hi Folks,

I am in a strange situation here and would really like the experts like Ginnu, UnitedNations, and TheRealCanadian to help... So here goes my story:

I am an EB3-RIR with PD of Nov 2003. My 140 was approved in May 2005 and 485 was filed concurrently with the 140 in Aug 2004. Now, I am planning to change my company using AC21. My problem is that I do not have a copy of the labor certificate (ETA 750) that the company filed for me. So, I don’t know what exactly the job responsibilities were. The position however was a Senior Software Developer/Programmer and the new position is that of an Architect.

Now, I am at a loss on what to do and how to invoke AC21 because I am not sure of the job description. On one hand I think I can have the new company do a 15 line description making the duties pretty generic to cover web design and development etc. but am not sure if that is the best option.

Please give me your insight in to this issue and help me get out of this mess please.......!!

Sachin
 
Please HELP.............

Can someone please answer this question? I need to know an answer to this.
Please help...
 
Can't you obtain a copy of your approved labor certification from your company's lawyer. I had requested a copy of my approved LC for my records and the lawyer was kind enough to provide me with one.
 
Unfortunately, my lawyer is on the company's payroll and will not shae any papers with me. I have tried to ask them about this and they have replied in the negative.

That's the reason I have posted this query of mine.... Please someone help me in finding a solution.
 
sachinsoni said:
Hi Folks,

I am in a strange situation here and would really like the experts like Ginnu, UnitedNations, and TheRealCanadian to help... So here goes my story:

I am an EB3-RIR with PD of Nov 2003. My 140 was approved in May 2005 and 485 was filed concurrently with the 140 in Aug 2004. Now, I am planning to change my company using AC21. My problem is that I do not have a copy of the labor certificate (ETA 750) that the company filed for me. So, I don’t know what exactly the job responsibilities were. The position however was a Senior Software Developer/Programmer and the new position is that of an Architect.

Sachin
Click to expand...

You knew your title of the old job, so supposedly you know pretty much your job duties and descriptions. Since you need "same or similar" job, you shouldn't need the exact descriptions to come up with something similar.
 
No Problem !!!

You would eventually hire some lawyer to file for your AC21. If you were thinking of doing it yourself .. Plz hire an attorney now. The new lawyer will have you sign form G28 then he will ask the old lawyer for papers and if he does not get them. Their is a legal way of obtaining a copy of your ENTIRE FILE .. directly from USCIS. There is also a form for that .. I am forgetting the correct name at this time.

Be assured that this is NOT the end.. Talk to a good attorney
 
Last edited by a moderator:
Thanks I485applicant05 and Chekoo.

Cheekoo, I am going through an attorney only but even then, I need to file AC21 along with my H1 transfer papers (since I am going to continue using H1 and not EAD). So, since I need to file AC21 with the H1 papers, I need to get the information on the Labor certificate now, when the attorney files the papers. How can I get that now from my present company/attorney quickly?

Sachin
 
sachinsoni said:
Thanks I485applicant05 and Chekoo.

Cheekoo, I am going through an attorney only but even then, I need to file AC21 along with my H1 transfer papers (since I am going to continue using H1 and not EAD). So, since I need to file AC21 with the H1 papers, I need to get the information on the Labor certificate now, when the attorney files the papers. How can I get that now from my present company/attorney quickly?

Sachin
Click to expand...

When you applied for labor certification, you must have signed something (I dont know the procedure for substituted labor). The job duties are typically same as the ones listed in your prior jobs/current job.

If you did not make a copy, then other option is to file for a FOIA with the labor department. I heard on these boards that it takes a long time. I'm not sure of the details on seek info on FOIA but you can search around these forums.
 
Thanks GreencardVirus. Yes, I have read about the FOIA before I asked the question here. From the info posted in this forum, it seems FOIA is a useless case nowadays.

Looks like I will have to use my memory to try and come up with what had been written in the original labor. I will try to keep it generic enough so that the new job does not get me in any trouble.

If anyone has any other suggestions please reply.

Thanks.
 
sachinsoni said:
Thanks GreencardVirus. Yes, I have read about the FOIA before I asked the question here. From the info posted in this forum, it seems FOIA is a useless case nowadays.

Looks like I will have to use my memory to try and come up with what had been written in the original labor. I will try to keep it generic enough so that the new job does not get me in any trouble.

If anyone has any other suggestions please reply.

Thanks.
Click to expand...

If it is any of any use, my lawyer sent an AC-21 letter just stating that the job duties were same as the ones stated in the labor certification. She did not give specific details. She's pretty experienced (20+) but not street savvy (she might know small details or recent memos or may not be able to deal with complicated problems then and there without checking back).
 
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