Copy of labor certificate for I-485 & AC21

[PuffDaddy]

My I140 & I485 is pending for more then one year. My employer have used a subsitute Labor for my I140 and never provided me the copy of the Labor certifiate.
What will be the risks involved in I-485 & also for AC21 If I file AC21 after getting 140 approval as I do not have a copy of my Subsitute Labor( I do have a copy of I140& I485 but employer is not willing to provide the copy of labor certificate).

 

[ChinnaKmm]

You can get those my filing FOIA to USCIS. It will take 5 months to get the records. You need to request for complete file of I140 including 750A and 750B forms.

 

[TheRealCanadian]

My employer have used a subsitute Labor for my I140 and never provided me the copy of the Labor certifiate. What will be the risks involved in I-485 & also for AC21 If I file AC21 after getting 140 approval as I do not have a copy of my Subsitute Labor( I do have a copy of I140& I485 but employer is not willing to provide the copy of labor certificate).

There is no requirement for the LC or I-140 in order to claim AC21 relief. So long as you are in a same or similar job to what you had before, you'll be fine.

 

[gc_4_us]

There is no requirement for the LC or I-140 in order to claim AC21 relief. So long as you are in a same or similar job to what you had before, you'll be fine.

Hi RealCanadian,

You are right.

But, To invoke AC-21, we need to mention the job duties in AC-21 letter that should match with approved LC's job duties (same or similar). We are not sure what has mentioned in Approved LC for job duties (since employer denies to give the copy of approved LC). Am i right? Is there any other way to know the Job duties that is used in LC.

I am also in the same situation. Please suggest.

Thanks,
gc_4_us

 

[TheRealCanadian]

But, To invoke AC-21, we need to mention the job duties in AC-21 letter that should match with approved LC's job duties (same or similar). We are not sure what has mentioned in Approved LC for job duties (since employer denies to give the copy of approved LC). Am i right? Is there any other way to know the Job duties that is used in LC.

The duties don't need to "match". They just need to be similar. To be honest, my AC21 letter at the interview didn't mention anything about duties, it was just a "RealCanadadian is employed as a Java Programmer/Analyst".

Similar is a pretty broad term.

 

[gc_4_us]

The duties don't need to "match". They just need to be similar. To be honest, my AC21 letter at the interview didn't mention anything about duties, it was just a "RealCanadadian is employed as a Java Programmer/Analyst".

Similar is a pretty broad term.

Thanks for fastest reply.

Can you please check your PM and reply.

Thanks.

 

[TheRealCanadian]

Thanks for fastest reply. Can you please check your PM and reply.

Sorry. I don't respond to private conversations via Private Messages. The point here is to share information so that all can benefit.

 

[gc_4_us]

Hi Real canadian,

I have only the copy of my 750-B. In that, for the current employment, they
have mentioned job title as "Software Engineer" (that has a broad meaning). As in your case if i mention ONLY Job title, I will be fine, i think.

But the confusion here is, i was told to sign the 750-B two times. Second version had slightly or moderately different skill sets than the first. When i asked them why should i need to sign the another different version of 750-B, they said they have decided to use another pre-approved LC. But really i am not sure which one was filed. But both job duties are software related skill sets only. They slightly differs in adding the skill sets like Java, J2EE, Rational Rose with the first version's VB, ASP, .NET and blah... blah.. blah..

Job titles in both the case are same (Software Engineer).

But in case if a necessity comes to mention the job duties also, Can i combine all the skill sets in both the versions of 750-B?.
OR, can i use only the second version of for 750-B job duties?

When i called the service center for the case status, rep told me that my case will be forwarded to a local center for processing.

If a decide to not to invoke the AC-21 now and change the employer, I can show the AC-21 letter at the time of interview as you did. But before i go for the interview, even if my GC sponsored employer revokes my I-140, will i be safe according to the Yates (05/2005) new memo

Please throw me some light.

Thanks

 

[TheRealCanadian]

But in case if a necessity comes to mention the job duties also, Can i combine all the skill sets in both the versions of 750-B?. OR, can i use only the second version of for 750-B job duties?

Instead of making something up to try and hack the system, why not just provide a truthful list of your duties? The ETA-750 clearly had you as writing software. So long as you're doing something close to that, you're fine.

If a decide to not to invoke the AC-21 now and change the employer, I can show the AC-21 letter at the time of interview as you did. But before i go for the interview, even if my GC sponsored employer revokes my I-140, will i be safe according to the Yates (05/2005) new memo

You should be. Your interview has nothing to do with it.

 

[gc_4_us]

Instead of making something up to try and hack the system, why not just provide a truthful list of your duties? The ETA-750 clearly had you as writing software. So long as you're doing something close to that, you're fine.



You should be. Your interview has nothing to do with it.

Thanks Real Canadian.