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Are we not entitled for a copy of GC Labor Certification Approval and I-140 Approval?
- Thread starter theshadow
- Start date
If I am chaning employment after my I-140 approval and 180 days past my I-485 I hear that the job that I switch to should be exactly or similar to the one I am doing for which I filed my GC petitions. In that case, how would I as a candidate know and my future employer would know what my job name used in my labor petitions and I-140 (and 485 as well) without the copy of those peitions of approval. I understand that I-140 contains my name in that case can I be denied a copy by the lawyer (who I believe is filed the petition on behalf of my company, but that includes my name as well). If AC-21 allows job change can be done, am I not entitled for a copy if my employer or lawer or both are denying me a copy ?.
Thanks.
Thanks.
If I am legally allowed to do so (that is switching employment) for whatever reason who are they to stand in my way. Not providing a copy of it is the only thing that will prevent me to switch because I dont know what designation was used to file my case (eg., software engineer or whatever) and moreover if they want me to stick to their company, they should offer what I ask, if not, I have every right to go to a different company.
cool it
You are not legally entitled to a copy of the Labor application, since it belongs to the employer and it is skill-specific, and not person specific. Same case with I-140(belongs to employer). The reason those two were filed was because the employer has a need (hence labor app) and wants to hire your skills(I-140). Immigration is a benefit, not a right.
It looks like you are venting your anger. Relax a bit. Then call your law company(or visit them) and ask them politely and casually if they can send/give you a copy.
btw, If 180 days is past after filing 485, arent you supposed to file for an EAD card which gives you the ability to do any kind of work ?
theshadow said:If I am legally allowed to do so (that is switching employment) for whatever reason who are they to stand in my way. Not providing a copy of it is the only thing that will prevent me to switch because I dont know what designation was used to file my case (eg., software engineer or whatever) and moreover if they want me to stick to their company, they should offer what I ask, if not, I have every right to go to a different company.
You are not legally entitled to a copy of the Labor application, since it belongs to the employer and it is skill-specific, and not person specific. Same case with I-140(belongs to employer). The reason those two were filed was because the employer has a need (hence labor app) and wants to hire your skills(I-140). Immigration is a benefit, not a right.
It looks like you are venting your anger. Relax a bit. Then call your law company(or visit them) and ask them politely and casually if they can send/give you a copy.
btw, If 180 days is past after filing 485, arent you supposed to file for an EAD card which gives you the ability to do any kind of work ?
Job description matters, not a title. And you must know what you are doing for your living.theshadow said:because I dont know what designation was used to file my case (eg., software engineer or whatever)
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GotPR? said:Job description matters, not a title. And you must know what you are doing for your living.
Obviously, I know what job I am doing for a living, the question is the description that is used when filing my case is what I dont know. If I change my employment how do I ensure that I have switched to a job of a same description or a very similar descriptioin. Since when I switch job do I need to file anything to the USCIS with new description or the description given in my appointment order?. How the USCIS gets to know what job I am doing with my new employer. How this job description comes into play when I switch my job?. Basically what I want to know after I switch my job, at what part of my GC Process this job description will be asked or not asked, or will play a role in affecting my GC positively or negatively? All these I am asking is to minimize risk of re-starting the entire GC or resulting in voiding my GC because of the new job (description, title, whatever).?
Thanks.
rax99 said:You are not legally entitled to a copy of the Labor application, since it belongs to the employer and it is skill-specific, and not person specific. Same case with I-140(belongs to employer). The reason those two were filed was because the employer has a need (hence labor app) and wants to hire your skills(I-140). Immigration is a benefit, not a right.
I dont want to go into the sematics of whether it is a benefit or right. But I just want to say one thing that is, if it restricts my ability to things that I am guaranteed under the constitution I think it violates my right (but then, (I am not a law expert, probably less than novice). and another question is, it is a benefit allright, yes, a benefit to WHOM?
rax99 said:It looks like you are venting your anger. Relax a bit. Then call your law company(or visit them) and ask them politely and casually if they can send/give you a copy.
I am not venting my anger, actually I am not making a point about myself here, I am just trying to understand the intricacies of this AC21 facility for people who have a 140 approved and 180 days past 485, but hesitate to change jobs, because they are afraid of the job description (or title or whatever) that might be different or something and choose not to change. This exactly happened to my friend and I saw him get a VERY VERY GOOD offer but unfortunately he didn't proceed with it, due to the GC fear. I think this particular facility of not giving the documentation done for the purposes of GC just shields the company and put the employees at a disadvantage.
rax99 said:btw, If 180 days is past after filing 485, arent you supposed to file for an EAD card which gives you the ability to do any kind of work ?
I dont understand this, what do you mean, can I (or someone) take up a job at a gas station ? or what do you mean? Can you please englighten me what I (or someone) can and cannot do that you know?.
Thanks a lot.