stuck with the employer

I

icantwait

Registered Users (C)
This probably is a pretty common issue.

employer filed for my GC using labor substitution. He is not willing to provide copies of either labor or I140.

I know, inorder to invoke AC21, i need to know the job title/code/duties mentioned in the labor.

I filed FOIA, but it seems to take months. filed in Janaury and i think its still 5-6 months away.


question 1: any other ways that i could get copies of labor/I140?

question 2: while filing my FOIA, i asked for "receipt and approval notices of my labor and I140". so, would these "Reciept and Approval" notices - would they have the needed information(job title/code/duties )? or should i have asked for the complete Labor/I140 applicaiton forms that were filed?

Really appreciate your help!
 
icantwait said:
This probably is a pretty common issue.

employer filed for my GC using labor substitution. He is not willing to provide copies of either labor or I140.

I know, inorder to invoke AC21, i need to know the job title/code/duties mentioned in the labor.

I filed FOIA, but it seems to take months. filed in Janaury and i think its still 5-6 months away.


question 1: any other ways that i could get copies of labor/I140?

question 2: while filing my FOIA, i asked for "receipt and approval notices of my labor and I140". so, would these "Reciept and Approval" notices - would they have the needed information(job title/code/duties )? or should i have asked for the complete Labor/I140 applicaiton forms that were filed?

Really appreciate your help!
Click to expand...

It is the employer petitions and he has the right not to provide you with copy and actually he should not.
The duties you suppose to know and you do it on daily basis. If you moved to similar or same kind of job, just update the USCIS with your new job and that is all what you need.
 
I think whenever you invoke the AC21, you need to mention only the skill set or duties...This will be filled in the ETA750A or B document..you should be having this copy. That is enough for you. you dont need to mention the codes etc.

Whenever you join the new employer, get a letter from new employer stating the duties you are performing and they should match with the skill set you mentioned in your ETA750B document.
 
Here are my suggestions... you may have many options....

when your employer filed substitution... did you fill any form ??

Option 1: stay calm with employer, wait till you get FOIA information... - best option...

Option 2: Invoke AC21 - wait till you get RFE ( Risky )
 
myitneeds said:
Here are my suggestions... you may have many options....

when your employer filed substitution... did you fill any form ??

Option 1: stay calm with employer, wait till you get FOIA information... - best option...

Option 2: Invoke AC21 - wait till you get RFE ( Risky )
Click to expand...

Whether it is labor substitution or not, everyone will fill ETA750B document.
In that document, one has to mention the skills used in each company. That is enough for AC21..
 
Thank you all for your replies.

gcfinder:
This is a labor substitution and hence i didnt need to fill any ETA 750A/B documents. The employer has not provided me with one during my I140/I485 filing.

mmed:
the duties/responsibilities in the labor do not necessarily need to match my current duties as GC is a future job and could differ from what i do now.
I meai agreed, they should/coud be the same, but this is a labor substitution, so i dont know what they really are

myitneeds:
agreed with the "best option" you mentioned. I'll probably do that, but was checking if there are any other otpions.


would appreciate comments on my response!

Thank You!
 
icantwait said:
Thank you all for your replies.

gcfinder:
This is a labor substitution and hence i didnt need to fill any ETA 750A/B documents. The employer has not provided me with one during my I140/I485 filing.

mmed:
the duties/responsibilities in the labor do not necessarily need to match my current duties as GC is a future job and could differ from what i do now.
I meai agreed, they should/coud be the same, but this is a labor substitution, so i dont know what they really are

myitneeds:
agreed with the "best option" you mentioned. I'll probably do that, but was checking if there are any other otpions.


would appreciate comments on my response!

Thank You!
Click to expand...

Mine was also Labor Substitution and my employer gave me ETA750B forms to fill and I filled them. Just FYI
Even with Labor Substitution, employer cannot just assign the labor to anyone..the skill set has to match and then only he can do labor substitution and get it approved..just check your email or your documents and you shd have provided him your skill set at some point in time
 
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