*** Foia Help **

[fast_gc_seeker]

Folks I need to get LC and approved 140 from VSC using FOIA could you please answer my questions on FOIA

1) Will filing FOIA cause any delay in 485 processing?
2) According to my attorney LC was filed in state of PA and140/485 is from VSC, will VSC have copy of my LC?
2) Is there any chance that my employer or attorney
working for my employer will come to know that I used FOIA?

Thank you much.

 

[fast_gc_seeker]

does anybody have any answer on these FOIA questions above?

 

[teddy_b]

1) Will filing FOIA cause any delay in 485 processing?

No. These processes are independent. My I-485 LUD did not change when TSC processed my FOIA request, and the whole processing of 485 took about 18 months, which is definitely not bad for TSC nowdays.

2) According to my attorney LC was filed in state of PA and 140/485 is from VSC, will VSC have copy of my LC?

The original approved labor certificate is required to submit with I-140 application, so VSC will have a copy of your LC.
The other documents - such as proof of recruiting campaign and whatever else was submitted to DOL for your LC - are not required by USCIS, but most attorneys send the copy of a whole LC case with I-140 as supporting documents, so most probably your I-140 file contains everything.

2) Is there any chance that my employer or attorney working for my employer will come to know that I used FOIA?

There's always a chance... But stop being too paranoic! Nobody will bother to inform your employer about your FOIA request. You can research the USCIS privacy policies related to FOIA if you wish - maybe they are even prohibited to release such information to a 3rd party...

 

[fast_gc_seeker]

There's always a chance... But stop being too paranoic! Nobody will bother to inform your employer about your FOIA request. You can research the USCIS privacy policies related to FOIA if you wish - maybe they are even prohibited to release such information to a 3rd party...

Umm.....

If privacy laws restrict USCIS from informing anybody about usage
of FOIA then why is there always a chance of employer knowing this?

 

[teddy_b]

If privacy laws restrict USCIS from informing anybody about usage
of FOIA then why is there always a chance of employer knowing this?

I did not say that privacy laws restricts USCIS from doing that, I just said that MAYBE such law or policy exists. But there's always a way to get around almost any restriction, so no one will guarantee you that your employer/lawyer will never find out... Anyway, the chance is very small, and I would just ignore it - especially if you really need these documents.