FOIA (G-639) to Request Copy of LC

M

mvkvr

Registered Users (C)
Guys ,

I have a question regarding applying G-639 (Freedom of Information Act) to obtain a copy of LC.

At what point of time can we apply G-639 ??

1. Only after I-140 is approved or

2. Anytime after applying for I-140 application and even before approval.

My I-140 is not yet approved and I am planning to apply for G-639 to get a copy of LC for my record as the employer or Attorney are not providing me a copy of LC and not very Co-Operative .

Also , How long will it take me to get the copies ??

Thanks in advance for your insights into this.

Thanks
mvkvr
 
mvkvr,

A far as i know you can request docs even before I-140 approval

I have done that in June 04 (after I-140 approval - though it does not matter) and they sent me a letter in July 04 saying that they are still processing Sep 03 cases. Hope this info helps.
 
mvkvr said:
Guys ,

I have a question regarding applying G-639 (Freedom of Information Act) to obtain a copy of LC.

At what point of time can we apply G-639 ??

1. Only after I-140 is approved or

2. Anytime after applying for I-140 application and even before approval.

My I-140 is not yet approved and I am planning to apply for G-639 to get a copy of LC for my record as the employer or Attorney are not providing me a copy of LC and not very Co-Operative .

Also , How long will it take me to get the copies ??

Thanks in advance for your insights into this.

Thanks
mvkvr
Click to expand...

Though u can apply anytime - u might want to wait till 140 is approved and 485 applied pending 180 days. If ur employer finds out that u have been trying to get the docs thru FOIA even after their refusal, they can withdraw ur 140 getting ur GC in trouble.

my 2 cents worth..

-ab
 
Thanks raincheck and atlantabhopali.

Raincheck , did you receive the copies at all from CIS after applying G-639 through FOIA ?? I was confused little since you mentioned that you receieved the letter from them saying they are processing cases from Sep'03 ?? I thought we will receive the copies in one or two months after applying G-639 FOIA.

Also, Does the CIS intimate the employer or attorney that we have requested for copies using FOIA ?? Can someone expereinced throw some light on this .

Thanks
mvkvr
 
mvkvr,

I also had thought that they would issue me the copies in 1 or 2 months....

Instead I received a 1 page letter from USCIS saying that they are still processing Sep 03 cases and they would get back to me later. They have also provided a reference number for my FOIA request - which i can quote later if required.
 
2 mvkvr

I have submitted my FOIA request asking for all I-140 case documents, including underlying LC, in June 2003. In about 2 weeks I got a notice from USCIS that they received my request and will send me the copies as soon as they process it. It actually took them almost a year - I received a package with all the documents by mail in May 2004 - but it did come.
It does not matter when you send your request - before or after I-140 approval.
If you need just your LC documents, and not the whole I-140 case, you might better try to send your FOIA request to the regional Labor Department office that approved your LC. They will charge you $20 though. I mailed this request to Georgia LD office at the same time - in June 2003, and in a week got a bill from them, sent the check back, and received all the documents in less then a months after mailing the original request. They do not have a formal form for FOIA requests, here is a copy of the letter I sent to labor department:


=======================================================

<YOUR NAME>
<YOUR ADDRESS>
<YOUR PHONE AND FAX ##>

<DATE>

Re: FREEDOM OF INFORMATION ACT REQUEST
Application for Employment Certification
<YOUR CASE NUMBER, IF KNOWN>
Alien’s Name: <YOUR NAME>
Alien’s Occupation: <YOUR POSITION>

U.S. DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
Atlanta Federal Center
61 Forsyth Street, S. W.
Room 6M-12
Atlanta, GA 30303
Fax: (404) 562-2149

Pursuant to the federal Freedom of Information Act, 5 U.S.C. s. 552, I request copies of Application for Employment Certification <YOUR CASE NUMBER IF KNOWN> (Forms ETA 750A, ETA 750B) accepted by Atlanta Federal Center on April XX, 200X and approved on December XX, 200X.
The details of the above application:
Alien's Name: <YOUR NAME> (Birth Date: <YOUR BIRTHDATE>)
Alien's Occupation: <YOUR POSITION>
Employer's Name: <YOUR EMPLOYER NAME>
Certifying Officer of the DOL Employment and Training Administration:
<OFFICER WHO APPROVED YOUR LC PETITION IF KNOWN>.

I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed $25, when applicable.

You can either mail me the copies requested to the address above, or fax them to <YOUR FAX NUMBER>.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I reserve the right to appeal your decision to withhold any information. I look forward to your reply within 20 business days, as the statute requires.

Thank you for your assistance.
Sincerely yours,
<YOUR NAME>


Subscribed and sworn to before me this __ day of______ in the Year ____.

Signature of Notary ______________________________
My Commission Expires __________________________

=======================================================

I am not sure if you have to notarize it, but I did just in case - it is free anyway if you go to AAA office or your bank for the notary service...
Also, make sure to check on the Department of Labor Web site what address you should send your request to (you can do a search on their site for "freedom of information act" - that's how I found the address a year ago) - even if your LC was approved by the same office as mine, the address for FOIA requests might have changed since the last year.

Good luck!
 
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Can an Employee request a copy of Labour Ceritification directly from DOL

Thank you teddy_b.

I just saw your reply to my question after more than one month since I was too busy but really appreciated your detailed reply. That was really helpful.

But I have few questions .

I thought the Labour copy belongs to the employer and we (employee) will not be able to request the copy of certified labour (ETA750A and ETA 750B)from department of labour directly.

This info is very helpful to lot of employee being tortured by their employers by not providing the copy of labour when they want to shift to a new job. Because after completing 180 days of filing 485 , if you want to change the job, your new job decription and title and salary has to match with the job description mentioned on your labour approval.

So , Can you please clarify on this one ??

Thanks
mvkvr
 
mvkvr,

mvkvr said:
I thought the Labour copy belongs to the employer and we (employee) will not be able to request the copy of certified labour (ETA750A and ETA 750B) from department of labour directly.
Click to expand...

You're right, your labor cert. application is submitted by your employer, and if you try to call Labor Department to check on the status of this case or with any other questions, they won't even talk to you - only the petitioner (employer) can make an inquiry about the case. But - directly or indirectly this application benefits you, and there's your name on it. According to FOIA you're entitled to obtain access to any federal agency records that pertain to you, with certain exemptions. I think that if you use labor substitution for filing your I-140, you will not be able to obtain these records from DOL since your name is nowhere on the application, otherwise there should not be any problem. And as I posted before, DOL is MUCH faster in processing your FOIA requests then INS Service Centers.

You can get more info on FOIA from the DOL itself: http://www.dol.gov/dol/foia/main.htm - they have a good guide on submitting requests, and there's a link on this page to other usefult FOIA resources.
 
I140 Information

Hi,

My case is little complicated. I have applied I140 and it is approved now I applied I485. I wanted to go for CP but company does not support me doing so. Can I request copy of all I140 approval and other document and go for CP myself?

I do not have any information on I140 except receipt number.

Experts please guide me.
 
teddy_b said:
mvkvr,



You're right, your labor cert. application is submitted by your employer, and if you try to call Labor Department to check on the status of this case or with any other questions, they won't even talk to you - only the petitioner (employer) can make an inquiry about the case. But - directly or indirectly this application benefits you, and there's your name on it. According to FOIA you're entitled to obtain access to any federal agency records that pertain to you, with certain exemptions. I think that if you use labor substitution for filing your I-140, you will not be able to obtain these records from DOL since your name is nowhere on the application, otherwise there should not be any problem. And as I posted before, DOL is MUCH faster in processing your FOIA requests then INS Service Centers.

You can get more info on FOIA from the DOL itself: http://www.dol.gov/dol/foia/main.htm - they have a good guide on submitting requests, and there's a link on this page to other usefult FOIA resources.
Click to expand...


Thank you teddy_b.

If we request the Certified ETA750A and ETA750B copies from DOL , Is there any chance that employer or Attorney will know about it ?? Does DOL also let the employer or attorney know about the fact that they have send the copies of Certified Labour to the employee through FOIA .

This Information will help clear the doubts in many employess in US who are being denied access to proper information about Labour or 140 etc. by their employer that they can request the copies from DOL through FOIA with out their employer or attorney knowing about it.

Thanks
mvkvr
 
Hello forest95

As far as everyone in immigration community knows you have to select an option either to go for CP or normal INS processing when you file I-140 petition. Once I-140 is approved, you have to file seperate form to INS (which I hope you can find out) in order to do CP? Which may delay your case further up to nine months. Through FOIA you can
obtain your I-140 approved copy in one month. It is free except mailing by post.
 
2mvkvr
mvkvr said:
If we request the Certified ETA750A and ETA750B copies from DOL , Is there any chance that employer or Attorney will know about it ?? Does DOL also let the employer or attorney know about the fact that they have send the copies of Certified Labour to the employee through FOIA?
Click to expand...
Relax, and send your FOIA request ASAP if you need your records. Nobody will notify your employer about it. Send your request to both - DOL and TSC - as I did, and see which one you get faster...
 
Could anyone help me with a question regarding the g-639 form?
I have lived in the US without a green card and have to return to my home country in Europe.
Since my passport has long expired, the consulate will not issue a travel document for me unless I can show them I have not taken on US citizenship. Since I have lived here illegally, will I run into legal trouble by sending in the the g-639 requesting this information, i.e. ICE agents knocking on my door? Again I want to leave and return to my home country and this would be the only acceptable form of proof that I don't have US citizenship, for the consulate. Sorry if I may have posted this in the wrong forum but I still hope someone has an answer. Thank you for any help.
 
I don't see how G-639 will provide anything that shows you don't have US citizenship. For somebody who became a naturalized citizen, the file would show documents from both before and after citizenship, so somebody with citizenship could simply exclude the papers that show citizenship. In addition, you have to wait about a year after filing it to get the papers, and I'm sure you want to leave sooner than that.

What you need is some sort of document from USCIS saying that you have not become a naturalized citizen. I'm not sure how that would be obtained. Start a thread in the US citizenship section entitled "How do I prove that I'm not a US citizen?"
 
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Thank you Jackolantern. I was too, wondering about how the g-639 would proof that I am not a US citizen and mentioned that fact to the consulate.
But was told unless I have proof of that, they can't (or won't) help me.
You are right about me wanting to leave sooner. I even have a flight already booked and paid for, but can change the date if I have to.
I did, however post a thread in the US-citizenship section as you suggested.
 
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