FOIA, AC-21, Labor Substitute

unfinished_biz

New Member
Hello All,

My current employer filed my I140 & I485 concurrently on a substitute LC.
My I140 has been approved and it has been > 180 days since I485 was applied.

I want to change employer and proactively send AC-21 notice to INS. My employer is not willing to disclose job title used to file 140.

Before accepting offer with new company, I want to file FOIA to get 140 & LC application to ensure that job titles match.

Considering that I140 is in my name and orignal LC in someone elses here are my questions are:
1> Will the 140 information I receive from INS as part of FOIA, provide me the job title/description?
2> Will INS send me LC application considering that it was in someone else's name?
3> I understand it currently takes 2-3 months to get FOIA response. Should I wait until then to switch employers, or can I join them on EAD right now and then send AC-21 after I receive FOIA response.
4> If I have to join them before receiving FOIA, should I join on EAD or H1 transfer and why?

Your help is greatly appreciated.
 
unfinished_biz said:
Hello All,

My current employer filed my I140 & I485 concurrently on a substitute LC.
My I140 has been approved and it has been > 180 days since I485 was applied.

I want to change employer and proactively send AC-21 notice to INS. My employer is not willing to disclose job title used to file 140.

Before accepting offer with new company, I want to file FOIA to get 140 & LC application to ensure that job titles match.

Considering that I140 is in my name and orignal LC in someone elses here are my questions are:
1> Will the 140 information I receive from INS as part of FOIA, provide me the job title/description?
2> Will INS send me LC application considering that it was in someone else's name?
3> I understand it currently takes 2-3 months to get FOIA response. Should I wait until then to switch employers, or can I join them on EAD right now and then send AC-21 after I receive FOIA response.
4> If I have to join them before receiving FOIA, should I join on EAD or H1 transfer and why?

Your help is greatly appreciated.
For AC-21 job title is not very important as job duties. I suggest if u r stuck in Priority Date Retrogression then u can quit, work on EAD and then submit AC-21 once u get FOIA response. By the LC is for a job and dosent have anybody's name on it.
 
GURUS Help me...

Thank's in advance for all your help...
Company A filed a Labor Substitute for me filed on 11/19/1999 in EB3 category. My I140 has been approved and it has been > 180 days since I485 was applied. now I moved to company B on a 7th year H1 extension (Still on H1 only).
I'm planning to move to company C on june 1st on EAD life time opportunity.
What action should i take now...?
Should I Apply for AC-21 on company B and be on safe or should I wait till june and apply for AC-21 or apply for AC-21 with company B only if i get an RFE (Company A assured me of not revoking or substituting my I-140 to others, I'm not interested in letting my company B know that I'm using AC-21)
What happens if my I485 is approved directly. (can I apply for AC-21 after my I485 is approved.)

LC priority date 11/19/1999 EB3 category
I-140 nd 12/01/03
I-140 AD 03/19/04
I-485 nd 02/19/2004
first FP - 08/09/2004
second I-765(EAD) nd 02/04/2005
 
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