How to get name with EAC#?

ChinnaKmm

Registered Users (C)
Hi Friends... Any advice or tips is appreciated..

I have the EAC# of different employer which left the company while back, recently I received the RFE saying EAC#XXXXXXX used same labor as mine but not provided the name of EAC#XXXXXXX. and my employer has difficulty in getting the name to verify when the person left the company..

My Question is, ANY WAY I CAN FIND THE NAME by EAC#? This is very important to my case for getting approval.

Go to local USCIS office?
Call 1-800?
AILA?
Senator?
Any other tricks or tips?
Any USCIS agents?

Response to this is appreciated
 
ChinnaKmm said:
Hi Friends... Any advice or tips is appreciated..

I have the EAC# of different employer which left the company while back,
------------EAC of I-140 or EAC of I-485??? It seems the EAC# of I-140. FYI many employers have SOLD LC that was used for somebody else I-140 and DOL and USCIS is going to stop that LC substitution due to fraud by employers
recently I received the RFE saying EAC#XXXXXXX used same labor as mine but not provided the name of EAC#XXXXXXX.
----------- they will not provide it, I hope the USCIS is informing your employer that the LC filed for employer X has been used for X I-140 approval.It seems to me that you employer/lawyer used the LC of past employee and his I-140 was filed and they sent original LC with his I-140 then again used that LC with your I-140, if that is true then if that person got GC approved your employer cannot use that LC for you and cant do anything with his GC he may have used AC21
and my employer has difficulty in getting the name to verify when the person left the company..
------------------ it does not matter when X left your employer if the past candidate had I-140 approved and he filed I-485 and used AC21 and got GC approved then the employer or you cant do anything as the LC cant be used again.
READ:http://www.murthy.com/chatlogs/ch040405_P.html


Chat User : Can the labor be reused to substitute after the cancellation of an I-140? Please advise.

Attorney Murthy : An LC may be used for a different employee if the employer revoked the earlier I-140 petition, but there seems to be a new risk that the USCIS will take the position that, if the original employee obtained the GC approval under that LC, even if the employer had revoked it, the new employee and the employer cannot take advantage of the earlier LC approval.

My Question is, ANY WAY I CAN FIND THE NAME by EAC#? This is very important to my case for getting approval.

Go to local USCIS office?
---------they will not provide info like NAME to you
Call 1-800?
---------they will not provide info like Name to you

AILA?
Senator?
--------- I dont think they will try to find it for you
Any other tricks or tips?
------------- better not to play tricks
Any USCIS agents?
------I dont know
Response to this is appreciated
for more insight provide the info:

when was the orignal LC filed???
where is your company who filed LC? NJ??
when did the employer filed your I-140 with LC substitution? and that LC copy that was filed for your I-140 has the Name on it???? did not employer/lawyer has the copy of your I-140 and Substituted LC???
when did you file I-485?
 
Last edited by a moderator:
ChinnaKmm said:
Hi Friends... Any advice or tips is appreciated..

I have the EAC# of different employer which left the company while back, recently I received the RFE saying EAC#XXXXXXX used same labor as mine but not provided the name of EAC#XXXXXXX. and my employer has difficulty in getting the name to verify when the person left the company..

My Question is, ANY WAY I CAN FIND THE NAME by EAC#? This is very important to my case for getting approval.

Go to local USCIS office?
Call 1-800?
AILA?
Senator?
Any other tricks or tips?
Any USCIS agents?

Response to this is appreciated



Check with name on the LC first.
If you have EAC number you can get (may be approximate) date on when the I-140 was filed. You can get hold of the check or receipt number.

Otherwise you can do your correspondence with EAC number it self.
 
tammy2 said:
Check with name on the LC first.
If you have EAC number you can get (may be approximate) date on when the I-140 was filed. You can get hold of the check or receipt number.

Otherwise you can do your correspondence with EAC number it self.

tammy2
It seems that posters I-140 was filed with LC substitution and Lawyer/employer should be having copy of that LC with them and beneficiary name on it.
Don’t know why the poster is trying to find the name with EAC#.
One can find the date of fling I-140 or I-485 if one has EAC# or receipt# and the poster has reciept#
 
Ginnu and Tammy2,

Thanks for the response...

EAC# is for I140 file.

Since this is very old case, Company attorney could not able to find the name by EAC#, reason being the files will be ordered by Name and Not by EAC number(all those files when to storage area).

First thing we are going to find when the other person, who used same LC left the employer, was it before I140/I485 approval. If he left before his approvals then we can argue on this with USCIS to NOT Revoke my i140 approval.

I don't have LC information so I cannot get the name of the person from LC.

I talked with some attorneys regarding this... there is a good chance..

need any tips to get NAME by EAC#
 
ChinnaKmm said:
Ginnu and Tammy2,

Thanks for the response...

EAC# is for I140 file.

Since this is very old case, Company attorney could not able to find the name by EAC#, reason being the files will be ordered by Name and Not by EAC number(all those files when to storage area).

First thing we are going to find when the other person, who used same LC left the employer, was it before I140/I485 approval. If he left before his approvals then we can argue on this with USCIS to NOT Revoke my i140 approval.
----------- just to give you example: it does not maater if X left Before I-140 approval, because LC and I-140 are filed by employer for future permanent JOB (law does not require X to be employed by your employer when LC is filed or I-140 is filed or approved) I-485 is not employer petition, if I-140 for X was filed and he filed I-485 and his I-485 is approved or he uses AC21 then you, your employer,your lawyer cant do anything. If he left BEFORE I-140 approval or after I-140 approval you cannot request USCIS to approve YOUR I-140 and revoke I-140 filed X. as you say the it is "very old case" I think that person may have got I-485 approved and once approved your lawyer/employer cant do anything.
I don't have LC information so I cannot get the name of the person from LC.
---------------- the person who filed your I-140 should have the copy of LC that was attached to your I-140. I dont understand why you are trying to find the name of X, it can be X or Y it does not make any diffrence because The LC filed for you have been USED and I-140 for Xor Y or Z has been approved and USCIS wrote to your employer that LC has been used
I talked with some attorneys regarding this... there is a good chance..
---------------- I see 0 chance if I-140 for X was approved and his I-485 is approved. read the AC21 August 2003 MEMO it clearly state that no need to work with employer while I-140 is filed or I-485 is filed. one needs to be with employer only AFTER I-485 approval.if X had I-140 approved he filed I-485 and then he invoked AC21 and sent new employer letter. if that has happned your lawyer/employer cant do anything as X has USED AC21 and the I-140 or LC used by X cannot be revoked and USCIS is not going to approve your I-140 in this situation.

**** Best option will be to post your situation if you are still on H1 or any LC is filed or pending for you or any other LC is available to you that can be used to file new I-140 for you.
need any tips to get NAME by EAC#
----------- what will you do if you find the NAME?? read above if the I-140 was approved for X and he left your employer(it does not matter when) and his I-485 got approved you cant do anything, do you think X has not used a good lawyer for his I-485? I thinX used good lawyer and had better lawyer then your lawyer .if I-485 of X is still pending then also your lawyer employer cant do anything now because I-140 approved I-485 pending more than 180 days he can use AC21 and USCIS is NOT going to revoke his I-140 if he found similar job( from USCIS responce to you or your lawyer it is clear that I-485 of X is cleared)
**your lawyer is wasting your time and nothing is going to come out why to waste time. try to find other alternative to your situation
 
ChinnaKmm said:
Ginnu and Tammy2,

Thanks for the response...

EAC# is for I140 file.

Since this is very old case, Company attorney could not able to find the name by EAC#, reason being the files will be ordered by Name and Not by EAC number(all those files when to storage area).

First thing we are going to find when the other person, who used same LC left the employer, was it before I140/I485 approval. If he left before his approvals then we can argue on this with USCIS to NOT Revoke my i140 approval.

I don't have LC information so I cannot get the name of the person from LC.

I talked with some attorneys regarding this... there is a good chance..

need any tips to get NAME by EAC#


How come you used LC without knowing his name? Since they have mentioned old I-140 receipt number what is the status of that eac number? How much old is that. If it is too old then you may have to forget and move on.
 
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