Can / Should I use FOIA

I

I140helppls

Registered Users (C)
MY I140 is applied in CA using subs. labor. I485 is not applied and will be applied only after I140 approval.
My question is
1. I dont know whose labor was sub. for mine and my company is not giving me any details like job desc etc .

In the future I definitely plan to use AC21. I will need the job desc etc and salary etc for the position for which my GC was applied for .Now my company will never give that to me .Should i use FOIA right now or should I wait till my I140 is approved and 485 is applied to use it .Also is there any risk of using FOIA ???

Say my FOIA is rejected later , does that mean I will not be able to use AC21 since I will not have access to any details like Job desc and salary etc ..... Pls suggest folks
 
In the future I definitely plan to use AC21. I will need the job desc etc and salary etc for the position for which my GC was applied for .Now my company will never give that to me .Should i use FOIA right now or should I wait till my I140 is approved and 485 is applied to use it .
--------------- Better apply FOIA after I-140 gets approved and I-485 filed and hits 180 days
Also is there any risk of using FOIA ???
-------------------No

Say my FOIA is rejected later ,
---- FOIA is not rejected it may be delayed
does that mean I will not be able to use AC21 since I will not have access to any details like Job desc and salary etc ..... Pls suggest folks
-------------------- If your employer used other person LC then it means approved LC matches your skills and education on the date that LC was filed. If the skills match 80 % on AC21 letter then I don’t think you will have any problem to use AC21. when you use AC21 you can hire your own lawyer and he may be able to get your complete file from past lawyer or use FOIA. Keep quiet till your I-140 gets approved and your then file I-485, EAD AP and let I-485 hit 180 days

*** keep extending your H1 and maintain H1 status till your I-140 gets approved AND I-485 pending more than 180 days. if want to change employer after I-485 pending more than 180 days join the new employer with H1 transfer to be safe
 
I140helppls,
Frankly telling that if u r company using sub. labor and not applying concurrent filing then 140 will take more than a year.
So my best suggestion to you is that do concurrent filing OR look for another company

Thanks,
rb180
 
re:

rb180 :
do u mean a year from today or do u mean a year from my receipt date of 140. my i140 RD is 5/30/2003. so its about to be an year almost. pls comment
 
I140helppls,
More than a year means it would be around 2 years also bcos one of my friend who use sub and applied 140 is almost 2 years and he got 2 queries and last query's reply he gave in Feb.2003 but still he didn't hear anything, his receipt date is around July 2002. Also one of my friend use sub. labor and filed concurrent in Aug. 2003, he got his 140 Approval last week only, So concurrent filing is fast bcos BCIS/INS only made concurrent to reduce workload and still if u r applying 140 alone then ur application will take long time only.
Also after 140 approval, it will take 2-3 months to apply 485, So if u r planning to use AC21 that would be long time from today.

So kind suggestion, apply 485, so that processing will be fast OR look for another company who is filing concurrent.

Good luck

Thanks,
rb180
 
re:

wow thats scary . now i am really worried. even if i join another company , i will have to look for a company that has an approved labor right .otherwise even iowa state is taking 7 mths for approval of labor these days...
people with preapproved labor have huge demands. anyways pls let me know whether u mean i should consider starting new with my labor etc .... or looking for pre approved labor . i will send u a pm too with the details of the demands...
 
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