Really in a bad situation gurus pl. help

P

prk200

Registered Users (C)
I need to use AC21 to change my employer, I have I-140 approval letter and I-485 receipt. I dont have my Labour approval and not sure about occupational code used.My employer is not co-operative and is not going to give labour approval copy. How do i proceed ?

Gurus please shed some light. special request to sillman, jim, jaxen and pcee

Thanks in advance
 
In theory, you don't need anything. In some cases, INS sends RFE for W2, EVL and paystubs. Its ok not to have details of labor certificate.
 
Thanks goodSaints, but attorney insists to get occupational code and job description from my labour approval, so that he could match my job duties during portability.
Is their any way to get a copy of my labour approval ?

Thank you once again
 
You need to know your occupational code and job description for your GC job to match it! You can try getting it or else start with your job title and responsibilitites when you were working in that GC job and your resume that you submitted for the purpose of filing LC.

Ask jim, jaxen they may have more info on how to get it, but note that they don't read any message in CSC area so post your message in "I-485 Issues" (is one level up).

Good luck
PCee
 
I don't know if this would help, but has anyone thought about using the freedom of information and privacy act to retrieve the records for the I-140 filing. Perhaps it contains relevant information about the underlying labor certification.

As far as I know this can be requested by mail (slow way of getting it) or I believe one can show up in person to read those records at their reading room. Please search the BCIS website for information about this. Perhaps your lawyer can do that. Several lawyers suggest doing this immediately when they take cases from other lawyers to avoid making mistakes in filing new applications which could seem to contradict previous ones. I believe Shusterman is one of these lawyers.

Good luck,
Huracan
 
Thank you Pcee for your valuable information.
Pcee i have one more question at this point. Is it possible to get a copy of my approved LC ?
I have photocopy of my ETA 750 part B , point 15 says the occupation is : Programmer Analyst -II
When i contacted Mr Khannas office , they said Part B job description must be in sink with Part A of ETA 750 (Labour application)
They say finally i need to have a copy of LC , which iam not sure of getting from my company.

Please shed some light
 
Shoot, I was wrong in one thing. The Freedom of Information and privacy act I was referring to only applies to U.S. Citizens and lawful permanent residents. So this avenue is apparently closed to solve the problem at hand.

http://www.bcis.gov/graphics/aboutus/foia/request.htm

The Privacy Act (PA), 5 U.S.C. § 552 (a), provides legal permanent residents and U.S. citizens a right of access to records filed and retrieved by their name or personal identifier.

My 2 cents,
Huracan
 
First of all, freedom of information would apply only to your petitions. As you know Labor and I-140 are not your petitions. I think you got the point...

This is one way to find out DOT code. But, for this you need to know tax id of your employer (see W2) or phone number (main phone number that they usually put on labor applications). Follow the instructions below both using tax id and tel. number. If they can match tax id/tel. number, you will receive a list of cases. Unfortunately this list does not have names of beneficiaries so you will have to guess using date of file and your salary (yeah it contains LC salary). These records also have DOT codes.

Good luck. Try couple of times once or twice everyday using different emails. Sometimes the reply comes back after couple of days and sometimes instantly.



Tone Talker/E-Mail Request
Boston 617-565-2191/ lcstatus01@doleta.gov
NY 212-337-2193/ lcstatus02@doleta.gov
Phily 215-596-5033/ lcstatus03@doleta.gov **
Atlanta 404-562-2131/ lcstatus04@doleta.gov
Chicago 312-353-1059/ lcstatus05@doleta.gov
Dallas 214-767-4975/ lcstatus06@doleta.gov
KC 816-426-3880/ lcstatus07@doleta.gov
Denver 303-844-1674/ lcstatus08@doleta.gov
SF 415-975-4617/ lcstatus09@doleta.gov
Seattle None/ lcstatus10@doleta.gov

For e-mail checking, the status can be checked using one of three numbers: (It is underlined here for emphasis. People should not underline in typing in the body of the message!)

(1) Employer Tel #. In the body of the message, please type Employer Phone (555)XXX-XXXX (employer phone number) and send;

(2) Employer Tax ID#. In the body of the message, please type Tax ID XX-XXXXXX (employer tax id number) and send;

(3) LC Case #. In the body of the message, please type Case XXXXX (your case number) and send. Only one case at a time will be accepted.


* Status report will be e-mailed back to you almost instantly.


* Status database is updated everyday at 5:00 a.m.
 
You can also ask your lawyers to chill out. It is true that you must get into "same or similar" job but if you are (lets say) software engineer here and go to other company and work as software engineer, I see no big issue here. You don't need a DOT code or anything for this.

Moreover, as I said before, you don't need to worry about these thing unless INS sends an RFE. And all they want to see is latest paystubs, W2 and employment letter (I don't thing there is a need to put DOT code on employment letter, just description of job is fine). If you are lucky and don't get RFE you don't need nothing.

As you already know, you don't have to notify INS when you change the job while your I-485 is pending.
 
prk200,

Here is my understanding. ETA750 part A contains GC job title description salary etc. ETA750 part B contains your qualifications and experience to show that you are qualified for that GC job. Probably you signed that document while filing for LC. It is highly possible that your experience and qualifications description may vary a lot w.r.t. GC job requirements. That's why your lawyer is asking for copy of both documents to make sure that no mistake is made while following up this case.

Now if you want to change jobs using AC21 you need to find a similar job specified in you LC. As I wrote earlier I have no idea if there is a way to get LC copy by any other means other than if your employer/lawyer gives you a copy just like that! If you are currently working in your GC job then probably you already know your duties and responsibilities job descriptions etc. (may not match it word to word but...)

If you are already in touch with Mr. Rajeev's office then let them know that your employer is not giving that LC copy and ask them if there is any other way to get it etc.

Goodluck
PCee
 
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