Using AC21

[cantstopme]

Hi All

I am planning to change jobs using AC21 and Portability as soon my 180 days are completed. However my company's lawyers are not agreeing to give me a copy of the Labor or the Approved 140. Also I am quite sure that if I try to leave my company will try to harm the process in some way. What I wanted to know is :

1) If I do not have 140 Approval Notice & the ETA750A, would it be possible to get it ? - or is it not required anymore ?

2) What are the procedures that need to be initiated / completed by the new company to transfer such a case. Do i need to file for AC21 immediately ?

3) What possible damage can be done by my previous company to my case. I understand that they can revoke the 140 but cannot cancel it and that this is not detrimental to my filing.

4) Is 180 days counted from the RD or the ND. Its just 3 days difference in my case, so doesn't really matter I guess. Also does this mean 180 "exact" days or 6 calendar months ?

I am looking for the worst case scenario here and what are the options / alternatives open to resolving these.

Thanks much in Advance for any insight you guys can provide

 

[dsatish]

Answers :
1) You can get them by using the Freedom Of Information Act (FOIA). Search in this forum or on the web regarding getting your file from INS using FOIA. Some members here have got the copies of their file this way. Secondly, it is not necessary that you need to have a copy of I140. The LC copy wil be useful for drafting a proper letter if you get a RFE for employment verification. Otherwise LC copy is useless. Most likely the job description in your LC copy should be pretty much same (atleast 80%) of what job you were doing at the time of filing LC.
2) No procedures. Just join the new company and take a bigger pay home . If at all you get an RFE, then only you need to inform INS about the change of job. There are plenty of sample letters available in this forum (search in the sticky thread by pingpong02 )
3) They can't do anything other than threatening you. So just ignore their rants.
4) 180 days means 180 calendar days (including holidays). There is an ambiguity in the interpretation of the starting time (whether from RD or ND). But that doesn't bother you. So just leave it.