FOIA Request granted

Japanese

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Dear All:

I just want to report that exactly one month after I filed a FOIA (Freedom of Information Act) request for a copy of my I-140 approval notice and Labor Certification, I got the copy from Nebraska.

I will be using this information to compose an AC21 letter, for I am contemplating on changing my job.

If anyone wishes to a similar request and needs clarification, please let me know.

Japanese
 
Good work Japanese.

Q. I have copy of my i140 & labor approval from my lawyer(faxed copies); do i still need to do FOIA if I intend to switch job??

If you answer yes then please write down the whole procedure you used so I can make use of it when needed.

Thanks.
 
Japanese, Can you please explain process. I filed I140/485 using substitute labor. My layer refusing to share LC info, because of it is somebody. Can I get LC copy from NSC?

I already changed jobs twice. I am using same layer (I paid all the fee this process)

thanks
 
Reply for amcom

Originally posted by amcom
Good work Japanese.

Thank you for your kind words, amcom.

Q. I have copy of my i140 & labor approval from my lawyer(faxed copies); do i still need to do FOIA if I intend to switch job??

No, if you have a copy of your I-140 approval notice and Labor, you probably won't need to file for FOIA request. I did so because my boss was VERY RESISTANT to my request for a copy - she said it's confidential and proprietary. Thus, I file for FOIA, just to get a copy of LC so that I would have an idea as to how much $ my current employer put down for my salary, as well as my job descriptions. I would need these facts to compose an AC21 letter.

 
Message for sub_labor

Originally posted by sub_labor
Japanese, Can you please explain process. I filed I140/485 using substitute labor. My layer refusing to share LC info, because of it is somebody. Can I get LC copy from NSC?

Sub_labor -

I would be delighted to go over the process, but I am not sure how it would be for your situation since LC was for someone else. Anyhow, the instructions for Form G-639 indicates that "consent is required if the information pertains to US Citizens or Permanent Residents". That being said, I do not think that you would need such consent from the person who is neither an US Citizen or a pernament resident...this is something that you may want to ask ginnu or jaxen.

1) Go to http://www.uscis.gov and click on "Immigration Forms and Fees". Then, look for Form G-639, "Freedom of Information Act/Privacy Act Request". The form tells you that you can also write a letter to request for LC, but using this form makes things a little easier.

2) Under "Information needed to search for a record", write down the forms that you want to obtain. Then, for "purpose", I just wrote "I don't have these forms and I need them for my personal records".

I already changed jobs twice. I am using same layer (I paid all the fee this process)

Sorry to hear that your lawyer is giving you a hard time...I think he/she is being a poopyhead. Labor Certificate actually belongs to the employer and not that guy for whom LC was filed. Besides, you are his client and he should oblige to your request. How about holding his fee as a hostage for your information?

Japanese

thanks

you are welcome :D
 
Received LC, I140, I485 documents in around a month

Special thanks to ginnu, atlantabhopali, Japanese, amongst others who opened my eyes in this aspect.

My company attorney was not providing the documents. Although I was finally managed able to get <B>only </B> the 485 receipt notice after a struggle, when I said I wanted to apply to apply for EAD extenssion and it would illegal to work if I dont get EAD in time.

I had applied using FOIA to NSC, around a month ago. Applied around May 15th. Got a tracking number from NSC around May 26th (they had received the application on May 21st).
Received all documents (32 pages) today : June 21st.

Now waiting for 485 receipt notice for my wife (Had applied for FOIA the same day). Hope they are able to get the reciipt notice from A-number.

My 485 RD is Aug 2003 and I can start looking around with lesser doubts in mind
 
Last edited by a moderator:
Japanese said:
Dear All:

I just want to report that exactly one month after I filed a FOIA (Freedom of Information Act) request for a copy of my I-140 approval notice and Labor Certification, I got the copy from Nebraska.

I will be using this information to compose an AC21 letter, for I am contemplating on changing my job.

If anyone wishes to a similar request and needs clarification, please let me know.

Japanese

Japanese,

It seems like you know the details of the GC process fairly well so I want to ask you this question.

Do you know if it is required that we stay with the our current employer for atleast 6 months if our I-485 gets approved when we are currently employed with them? And could this really affect our application for citizenship 5 years down the line?

Appreciate yr response.
 
Do you know if it is required that we stay with the our current employer for atleast 6 months if our I-485 gets approved when we are currently employed with them? And could this really affect our application for citizenship 5 years down the line?

Lucky65 -

Hi! I would not exactly call myself an expert on GC process - that title would most likely go to people like jaxen and ginnu. Anyhow, I think Rajiv actually touches on this issue in his Q&A section at http://www.immigration.com . I recall Rajiv saying that anywhere between 6 months to a year is a safe range.

Then again, you are also seeing people using AC21 to leave their job even before GC is approved. That being said, I am not sure as to how would our premature departure from the current job affect the citizenship process five years down the line. Any other thoughts? :)
 
lucky65 said:
Japanese,

It seems like you know the details of the GC process fairly well so I want to ask you this question.

Do you know if it is required that we stay with the our current employer for atleast 6 months if our I-485 gets approved when we are currently employed with them? And could this really affect our application for citizenship 5 years down the line?

Appreciate yr response.
lucky65:

See this thread

http://boards.immigrationportal.com/showthread.php?t=131005

Thanks !
 
Japanese and others,
Under EB case, while applying for I-485, the employer would have given a document to support full time regular employment after GC. Is it possible to get this letter from NSC under FOIA?
 
peace_of_mind said:
Japanese and others,
Under EB case, while applying for I-485, the employer would have given a document to support full time regular employment after GC. Is it possible to get this letter from NSC under FOIA?

peace_of_mind -

Hello. Are you referring to the letter your employer filed along with I-140 to show their intent to hire on a permanent, full-time basis? If so, yes, the letter will also be included when you request for FOIA. I received a copy of my employer's letter along with the copy of I-140 application.

I hope this helps.

Japanese
 
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